M/S Amer Sohail Khan vs The State Of Telangana
2023 Latest Caselaw 3162 Tel

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

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

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