Namrata Ghiya vs The State Of Telangana
2023 Latest Caselaw 2952 Tel

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

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

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

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINIAL PETITION No.9770 OF 2023

Date: 06.10.2023 MYK