Allowed

Attar Naseer Hussain v. Singareddy Rama Subbareddy

Andhra Pradesh HC9 Sept 2024CRLP/6220/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, Amaravati allowed a Criminal Petition filed by accused persons seeking dispensation from appearing before the trial court. The court ordered that only Accus No. 2 to 5 be dispensed from appearance, while Accused No. 1 must appear unless specifically exempted later.

What did the court decide?

Dispensation with appearance of Accused Nos. 2 to 5 in CC No. 719 of 2018 before JMFC, Kurnool, except when presence is necessary. Petitioner No. 1 permitted to apply for separate appearance later.

Attar Naseer Hussain Vs Singareddy Rama… — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

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' /

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IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATI

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TUESDAY ,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

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CRIMINAL PETITION NO: 62^0 Qp 2024

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Between:

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t Attar Naseer Hussain, S/o late Rahamath Hussain aged about 38

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years, Occ: Pvt. Employee, R/o H.No.78-94-A1, Rahamath Mazil Krishna Nagar, Kurnool town, Kurnool Dist.

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Attar Rahamath Bee, W/o Late Rahamath Hussain, Age 35Yrs, Occ;

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House wife, R/o H.No.78-94-A1 Rahamath Mazil, Krishna Nagar,

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Kurnool town, Kurnool Dist.

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Muntaj Begum, W/o Shaik Muhammad Muneer ahmed, Age 40Yrs

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Occ; House Wife R/o H.N0.78-94-A1, Rahamath Mazil, Krishna Nagar,

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Kurnool town, Kurnool Dist.

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Attar Sadiq Hussain, S/o late Rahamath Hussain, Age 36Yrs, Occ; Pvt

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Employee, R/o H.No.78-94-A1 Rahamath Mazil, Krishna Nagar,

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Kurnool town, Kurnool Dist.

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Attar Javeed Hussain, S/o late Rahamath Hussain, Age 34Yrs, Occ; Pvt

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Employee, R/o H.No.78-94-A1,Rahamath Mazil, Krishna Nagar,

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Kurnool town, Kurnool Dist

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...Petitioners/Accused

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AND

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The State of Andhra Pradesh, Rep. by its Mahaila Police Station, Kurnool, Through Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

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Anjumanarra, W/o Attar Nasir Hussain, S/o Late Shaik Iqbal Hussian, R/o Plot No.26, Skanda Heigh, near Tollgate, Kurnool, Kurnool District.

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...Respondents

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Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense the appearance/presenc e of^all Accused before the trail court in C.C.No.719 of 2018 at Judicial Magistrate of First Class, Kurnool, Kurnool District for the alledged offences punishable under section 498A, 323, 324, 506 r/w 34 IPC, Sec 4 of Dowry Prohibition Act. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gundala Siva Prasada Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1.

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The Court made the following ORDER:

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APHC010380972024 IN THE HIGH COURT OF ANDHRA ’ PRADESH 5 [3368] AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY ,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 6220/2024*

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Between:

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Attar Naseer Hussain and Others ...PETITIONER/ACCUSED(S) AND

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Singareddy Rama ...RESPONDENT/COMPLAINANT(S) Subbareddy and Others

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Counsel for the Petitioner/accused(S):

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1.GUNDALASIVA PRASADA REDDY

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Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.

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The Court made the following:

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ORDER:

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This Criminal Petition is filed by the petitioners/A1 to A5, under Section 528 of Bharatiya Nagarik Suraksha Sanhita,²⁰²³ (old Section 482 of Code of Criminal Procedure, 1973), to dispense with the appearance/presence of all the accused^before

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the trial Court in C.C.No.719 of 2018 before learned Judicial Magistrate of First Class, Kurnool, for the offences punishable under Sections 498 A, 323, 324, 506 read with 34 IPC and Section 4 of the Dowry Prohibition Act. 2. Heard Sri Gundala Sivaprasad Reddy, learned counsel^for the petitioners and learned Assistant Public Prosecutor representing respondent No. 1/State. 3. Learned counsel for the petitioners would submit that^the only request of the petitioners is to dispense with their presence before the trial Court as it is very difficult for the petitioners to appear before the trial Court for each and every adjournment^and the Criminal Petition may be disposed of accordingly.

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In that view of the matter and considering the submissions of the learned counsel for the petitioners, the Court is of the opinion that the criminal petition can be disposed at the stage of admission dispensing with the presence of the petitioner^Nos.2to 5 only before the trial Court except on those dates^when the learned Magistrate feels that their presence is necessary.^Insofar as the prayer of the petitioner No.l/AI is concerned, he is at liberty to file a petition under Section 355 of the Bharatiya Nagarik

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Suraksha Sanhita, 2023 (old Section 317 Cr.P.C.) before^the

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learned jurisdictional Magistrate as and when necessary. 5. Accordingly, the Criminal Petition is disposed of at the

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stage of admission.

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As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.

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SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To.

The Judicial Magistrate of First Class, Kurnool, Kurnool^District.

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The Station House Officer, Women P.S., Kurnool District.

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Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT]

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One CC to Sri Gundala Siva Prasada Reddy, Advocate [OPUC]

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Three CD Copies

sree

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HIGH COURT

DATED: 10/09/2024

ORDER

CRLP.No.6220 of 2024

2 7 SEP 202'! Or./'m)
. Currari^i Section , ./
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DISPOSING OF THE CRIMINAL PETITION

Attar Naseer Hussain v. Singareddy Rama Subbareddy

Case brief

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Attar Naseer Hussain v. Singareddy Rama Subbareddy

Case brief

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