Telangana High Court
Kaparaboina Trinesh Kumar And Another vs The State Of Telangana And Another on 13 February, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.9597 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.5 and 6 to quash the proceedings against them in C.C.No.20 of 2022, pending on the file of Special Sessions Judge for Trial of Cases under SCs/STs (POA) Act-cum-II Additional District & Sessions Judge at Hanamkonda. The offences alleged against them are under Sections 447, 323, 506 r/w.149 of the Indian Penal Code and Section 3(1)(r)(s) and 3(2)(va) of the SCs/STs (POA) Amendment Act, 2015.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. In the charge sheet, prima facie, there are certain allegations leveled against the petitioners. They are triable issues. The petitioners have to face trial and prove their innocence. Therefore, this Court is not inclined to quash the proceedings in C.C.No.20 of 2022, pending on the file of Special Sessions Judge for Trial of Cases under SCs/STs (POA) Act-cum-II Additional District & Sessions Judge at Hanamkonda, against the petitioners. 2
4. However, having regard to the facts and circumstances of the case, the attendance of the petitioners/A5 & A6 is dispensed with, with the following conditions:
i) The attendance of the petitioners/A5 & A6 is dispensed with in C.C.No.20 of 2022, pending on the file of Special Sessions Judge for Trial of Cases under SCs/STs (POA) Act-cum-II Additional District & Sessions Judge at Hanamkonda, when represented by their counsel on record.
ii) The attendance of the petitioners/A5 & A6, is dispensed subject to filing an affidavit by them 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/A5 & A6 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.
5. Accordingly, the Criminal Petition is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 13.02.2023 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9597 OF 2022 Dt. 13.02.2023 tk