Telangana High Court
Medala Bala Lingam vs The State Of Telangana on 2 December, 2022
Crl.Petition No.10731 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10731 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- Accused Nos.1 to 5 to quash the proceedings against them in C.C.No.822 of 2021 pending on the file of II Additional Junior Civil Judge-Cum-XIX Metropolitan Magistrate Malkajgiri, Cyberabad. The offences alleged against them are under Sections 448, 427, 506 read with Section 34 of Indian Penal Code (for short "IPC")
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. On 23.02.2021 accused persons criminally trespassed into the complainant tailor shop and demolished his tailor shop. In the charge sheet, prima facie, there are certain allegations leveled against the petitioners herein. They are triable issues. The petitioners have to face trial and prove their innocence. The Crl.Petition No.10731 of 2022 2 defences taken by the petitioners cannot be considered in an application filed under Section 482 Cr.P.C.
4. Therefore, this Court is not inclined to quash the proceedings in C.C.No.822 of 2021 pending on the file of II Additional Junior Civil Judge-Cum-XIX Metropolitan Magistrate Malkajgiri, Cyberabad against the petitioners herein.
5. Thus, having regard to the facts and circumstances of the case, the attendance of the petitioners herein - Accused Nos.1 to 5 are dispensed with in C.C.No.822 of 2021 pending on the file of II Additional Junior Civil Judge-Cum-XIX Metropolitan Magistrate Malkajgiri, Cyberabad, when represented by their counsel on record.
6. The attendance of the petitioners is dispensed subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the Crl.Petition No.10731 of 2022 3 petitioners failure to appear when the Court directs, this order dispensing their attendance would stand cancelled.
7. Accordingly, the Criminal Petition is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 02.12.2022 vsu