Telangana High Court
Alishetti Jayaprada vs The State Of Telangana on 27 January, 2023
THE HONOURABLE SRI JUSTICE K. SURENDER
CRIMINAL PETITION No.860 OF 2023
ORDER:
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 and 2 to quash the proceedings against them in C.C.No.2219 of 2019 (arising out of Crime No.250 of 2019 of Jagtial Town Police Station, Jagtial District) pending on the file of I Additional Judicial First Class Magistrate at Jagtial. The offences alleged against the petitioners are under Sections 447, 420 and 506 read with 34 of the Indian Penal Code.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.
3. Though the petitioners have raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid case before the trial Court.
4. In view of the aforesaid submission of the learned counsel for the petitioners, this Criminal Petition is disposed off with the following directions:
i) The appearance of petitioner No.2 - Accused No.2 is dispensed with in C.C.No.2219 of 2019 (arising out of Crime No.250 2 of 2019 of Jagtial Town Police Station, Jagtial District) pending on the file of I Additional Judicial First Class Magistrate at Jagtial, when represented by his counsel on record.
ii) The appearance of petitioner No.2 - Accused No.2 is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and shall not dispute his identity also.
iii) However, petitioner No.2 - Accused No.2 shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing his attendance shall stand cancelled.
iv) No such relief is granted as far as petitioner No.1- Accused No.1 is concerned and she shall appear before the trial Court on every date of hearing without fail.
5. Needless to say, the petitioners are at liberty to file an application seeking discharge before the concerned Court. In the event of such application being made, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing.
Miscellaneous applications pending, if any, shall stand closed.
_______________ K.SURENDER, J 27th January 2023 3 mar