HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10218 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners- accused Nos.1 to 4 to set aside the docket order dated 03.08.2023 in C.C.No.10855 of 2019 passed by the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad as being illegal, arbitrary, violative of principles of natural justice and contrary to the orders of this Court in Crl.P.No.7725 of 2019 and consequently, dispense with the appearance of the petitioner Nos.1, 2 and 4 on 17.10.2023 and on all further adjournments of the proceedings as per the orders of this Court in Crl.P.No.7725 of 2019.
2. Heard learned counsel for the petitioners and perused the record.
3. Learned counsel for the petitioners submits that initially petitioners have filed Criminal Petition No.7725 of 2019 seeking to quash the proceedings against them in C.C.No.10855 of 2019 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and this Court has disposed of the said criminal petition on 29.11.2019 dispensing with the presence of 2 petitioner Nos.1, 2 and 4-accused Nos.1, 2 and 4, except the petitioner No.2-accused No.3. He further submits that on 03.08.2023, the trial Court directed all the accused to appear on 17.10.2023 as the matter is coming up for service of copies under Section 207 Cr.P.C. He further submits that petitioner Nos.1 and 4-accused Nos.1 and 4 are residing at USA and they are being represented by a GPA Holder i.e., petitioner No.2- accused No.2 and the copies can be served on the GPA Holder and that the matter is not coming up for framing of charges or 313 Cr.P.C. examination to compulsorily make the presence of petitioners before the trial Court and prayed to set aside the above docket order dated 03.08.2023.
4. Considering the entire facts of the case and also the order in Criminal Petition No.7725 of 2019, as the matter is not coming up for framing of charges or examination under Section 313 Cr.P.C. and that petitioner Nos.1 and 4-accused Nos.1 and 4 are being represented by petitioner No.2-accused No.2, this Court is of the considered opinion that the presence of petitioner Nos.1 and 4-accused Nos.1 and 4 shall be dispensed with before the trial Court. Further, copies in respect of petitioner Nos.1 and 4-accused Nos.1 and 4 shall be received by their GPA Holder i.e., petitioner No.2-accused No.2. Further, the trial 3 Court is directed not to insist upon the presence of the petitioner Nos.1 and 4-accused Nos.1 and 4 at the time of framing of charges, but they shall appear before the trial Court on the date of recording the examination of accused under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Therefore, the docket order dated 13.08.2023 passed by the learned Magistrate is hereby set aside.
5. Accordingly, the Criminal Petition is allowed.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 13.10.2023 rev