Nara Chandrababu Naidu S/O Kharjura Naidu v. The State Of Maharashtra And Another

2024:BHC-AUG:8279-DB 1 PB-1.Cri.Appln.1691-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1691 OF 2024 NARA CHANDRABABU NAIDU S/O KHARJURA NAIDU

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Senior Advocate Mr. Siddharth Luthra i/by Mr. Bora Satyajit S.

PP for Respondent/State : Mr. A.B. Girase ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 19 APRIL 2024 PER COURT :

.

Heard the learned Senior Counsel and the learned Public Prosecutor.

2.

In this main proceeding for quashment of crime and the criminal case by invoking the powers under Section 482 of the Code of Criminal Procedure, the sole applicant has moved this application seeking interim relief of either staying the trial or for grant of exemption from personal appearance before it on the premise that in spite of he having moved application seeking exemption from appearing in person, that has been rejected by the trial Court.

3.

In the normal case scenario, we have not been granting any

2 PB-1.Cri.Appln.1691-2024.doc interim relief in the nature it is being claimed by the applicant for the reason that according to us it is the prerogative of the trial Court to either insist for the presence of an accused or to grant exemption from personal appearance as is contemplated under Section 205 of the Cr.P.C. 4.

However, in the present matter, application preferred by the applicant seeking exemption from personal appearance has been turned down by the trial Court, meaning thereby that unless the applicant remains personally present in all probability, a warrant will be issued. 5.

In view of peculiar state of affairs, we allow the application partly and exempt the applicant from appearing before the trial Court till the next date, subject to condition that the main application for quashment is conducted and heard finally on the next date i.e. on 03.05.2024. [ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb