Telangana High Court
Syed Abdullah Jeelani vs The State Of Telangana on 22 November, 2022
Crl.Petition No.10237 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10237 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 6 seeking to quash the proceedings against them in PRC No.485 of 2021 pending on the file of Chief Metropolitan Magistrate at Nampally, Hyderabad, registered for the offences under Sections 147, 148, 307 read with 149 of Indian Penal Code (for short "IPC").
2. Heard learned counsel for the petitioners-Accused and learned Additional Public Prosecutor for the respondent-State. Perused the material on record.
3. A perusal of the record would reveal that, the petitioners herein and others attacked the de facto complainant and his cousins due to which they received injuries. 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 defence taken by the petitioners cannot be considered in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings in PRC.No.485 of 2021 pending on Crl.Petition No.10237 of 2022 2 the file Chief Metropolitan Magistrate at Nampally, Hyderabad against the petitioners herein.
4. Thus, having regard to the facts and circumstances of the case, the attendance of the petitioners herein - Accused Nos.1 to 6 is dispensed with in C.C.No.2436 of 2019 pending on the file of PRC.No.485 of 2021 pending on the file Chief Metropolitan Magistrate at Nampally, Hyderabad, when represented by their counsel on record. The attendance of the petitioners is dispensed with subject to filing affidavits 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 petitioners failure to appear when the Court directs, this order dispensing their attendance would stand cancelled.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 22.11.2022 rev