Telangana High Court
Late. Shaik Abdul Raheem Bhai Miya vs The State Telangana on 29 November, 2022
Crl.Petition No.3177 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.3177 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.2, 3, 4, 6 and 7 to quash the proceedings against them in C.C.No.464 of 2018 pending on the file of chief Metropolitan Magistrate at Nampally. The offences alleged against the petitioners are under Sections 354(A)(i), 420 and 506 of Indian Penal Code (for short "IPC") and Section 7 of Drug and Black Magic Remedies Act, 1954.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. Learned counsel for the petitioners submits that the Accused Nos.2 and 3 are aged persons and Accused Nos.4, 6 and 7 are married women, as such, they are facing difficulty in attending the Court on every date of hearing and confines his prayer to dispense Crl.Petition No.3177 of 2022 2 with the personal appearance of the petitioners before the trial Court.
4. Having regard to the facts and circumstances of the case and keeping in view that the petitioners - Accused Nos.2 and 3 are aged persons, this Criminal Petition is disposed off with the following directions:
i) The attendance of the petitioners - accused Nos.2 and 3 is dispensed with in C.C.No.464 of 2018 pending on the file of chief Metropolitan Magistrate at Nampally, when represented by their counsel on record.
ii) 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 shall not dispute their identity also.
iii) 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 shall stand cancelled. Crl.Petition No.3177 of 2022 3
iv) No such relief is granted as far as accused Nos.4, 6 and 7 is concerned.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 29.11.2022 ns