HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9770 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused No.7 to dispense with her presence in C.C. No.702 of 2023 on the file of the XX Additional Chief Metropolitan Magistrate, Hyderabad at Secunderabad, registered for the offences under Sections 406, 409, 417, 420, 506, 120-B r/w 34 of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioner/ accused No.7 and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. It is the contention of learned counsel for the petitioner that basing on the private complaint lodged by respondent No.2, which was referred to the Police under Section 156(3) of Cr.P.C., the Police have registered a crime vide F.I.R.No.134 of 2019 on the file of Karkhana Police Station and the Police have filed the final report before the trial Court on 30.10.2019 stating that the complaint was closed as "civil in nature". Thereafter, respondent No.2 has filed the protest petition vide Crl.MP.No.1266 of 2019 on the file of XI Additional Chief 2 Metropolitan Magistrate at Secunderabad and the same was dismissed on 03.12.2022. Thereafter, challenging the same, respondent No.2 filed Crl.R.P.No.29 of 2023 and the learned Special Judge for Trial of Offences under S.Cs & S.Ts (POA) Act- cum-VI Additional Metropolitan Sessions Judge at Secunderabad vide order dated 21.04.2023 has allowed the said Crl.R.P. and directed the XI Additional Chief Metropolitan Magistrate at Secunderabad to take cognizance of the offences against accused Nos.1 to 7 for the offences under Sections 406, 409, 420 r/w 34 of I.P.C. It is further contended that inspite of the Police filing final report stating that case is civil in nature, the trial Court has taken cognizance of the offences basing on the orders passed in Crl.R.P.No.29 of 2023. It is further contended that petitioner/accused No.7 is a senior citizen, aged about 60 years, and also resident of Jaipur, Rajasthan, therefore, prayed to dispense with the presence of the petitioner/accused No.7.
4. On the other hand, learned Assistant Public Prosecutor vehemently opposed to allow the petition.
5. Taking into consideration the fact that the petitioner/accused No.7 is a senior citizen and resident of Jaipur, Rajasthan and senior citizen, the 3 appearance/attendance of the petitioner/ accused No.7 before the XX Additional Chief Metropolitan Magistrate, Hyderabad at Secunderabad, in C.C. No.702 of 2023, is dispensed with, unless her presence is required by the trial Court for a specific purpose or at the time of recording her examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment.
6. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 MYK 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PETITION No.9770 OF 2023 Date: 06.10.2023 MYK