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Telangana High Court

Kanchana Srinivas vs The State Of Telangana on 19 January, 2023

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      THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.570 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 petitioner - Accused No.2 to quash the proceedings against him in S.C.No.471 of 2021 pending on the file of Principal District at Sessions Judge at Siddipet, Siddipet District. The offences alleged against him are under Sections 420 of Indian Penal Code (for short "IPC") and Section 5 of Andhra Pradesh Protection of Depositors Financial Establishment Act, 1999.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3. Though the petitioner has raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioner requested this Court to dispense with the appearance of the petitioner, in the aforesaid case before the trial Court. 2

4. Keeping in view that the petitioner is an Employee; the Criminal Petition is disposed off with the following directions:

i) The attendance of the petitioner - Accused No.2 is dispensed with in S.C.No.471 of 2021 pending on the file of Principal District at Sessions Judge at Siddipet, Siddipet District, when represented by his counsel on record.
ii) The attendance of the petitioner 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, the petitioner shall appear before the learned Sessions Judge 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.

5. Needless to say, the petitioner is at liberty to file an application seeking discharge before the concerned Court. In the event of such application being made, the concerned Court shall 3 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 Date: 19.01.2023 rev