Telangana High Court
Absaar Ahmed And Another vs Minhaj Mohiuddin And Another on 4 July, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.2532 of 2022
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.573 of 2021 pending on the file of learned VIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 323, 341 and 506 of I.P.C.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1- State. Perused the record.
3. No representation for respondent No.2.
4. It is the specific contention of the learned counsel for the petitioners that there is a case and counter case in the matter and there are civil disputes between the petitioners and the 1st respondent.
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5. It is the specific contention of the learned counsel for the petitioners that the 1st petitioner is working abroad and it is very difficult for him to attend on every date of hearing. Therefore, prayed this Court to dispense with the appearance of the petitioner.
6. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
7. Taking into consideration the fact that petitioner working in abroad, the appearance/attendance of accused No.1 before the learned VIII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.573 of 2021, is dispensed with, unless their presence is required by the trial Court for a specific purpose or at the time of recording their examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment.
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8. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 04.07.2023 Smk