Citation : 2023 Latest Caselaw 996 Tel
Judgement Date : 28 February, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.353 OF 2021
JUDGMENT:
This revision is filed by the petitioner/A5 challenging the
order dt.19.10.2020 of the III Additional Junior Civil Judge-
cum-XXIII Metropolitan Magistrate, Cyberabad at Medchal, in
Crl.M.P.No.2113/2017 in C.C.No.32/2015, whereby the
learned Magistrate dismissed the application filed by Accused
No.5 and four others seeking discharge for the offences under
Sections 420, 468, 471 of the Indian Penal Code in Crime
No.367 of 2011.
2. Heard learned counsel for the petitioner/A5 and learned
Additional Public Prosecutor for the respondent - State. Perused
the record.
3. There are no grounds to interfere with the order of the learned
Magistrate in dismissing the prayer of the petitioner seeking
discharge. However, learned counsel for the petitioner/A5 submits
that the presence of the petitioner may be dispensed with before the
trial Court.
4. In view of the request made by the learned counsel for the
revision petitioner, the attendance of the revision petitioner/A5, is
dispensed with, with the following conditions:
i) The attendance of the petitioner/A5 is dispensed with in
C.C.No.32 of 2015, pending on the file of III Additional Junior Civil
Judge-cum-XXIII Metropolitan Magistrate, Cyberabad at
Medchal, when represented by his counsel on record.
ii) The attendance of the petitioner/A5, is dispensed subject to
filing an affidavit by him 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/A5 shall appear before the learned
Magistrate as and when his presence is required. In the event of the
petitioner's failure to appear when the Court directs, this order
dispensing his attendance shall stand cancelled.
5. Accordingly, the Criminal Revision Case is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 28.02.2023 tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.353 OF 2021
Dt. 28.02.2023
tk
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