Criminal Petition filed by an accused seeking quashing of proceedings under Sections 420 and 409 IPC. The court declined to quash due to probable guilt. Petition granted dispensation from personal trial attendance.
Proceedings not quashed. Petitioner's personal presence in trial dispensed with; counsel representation directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.3620 of 2016
ORDER:
This Criminal Petition is filed by the petitioner-accused No.1 seeking to quash the proceedings against him in CC No.954 of 2015 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad.
The petitioner is alleged to have committed the offences punishable under Sections 420 and 409 IPC. After duly enquiring into the complaint lodged by the de facto complainant, the police filed charge sheet against the petitioner. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.
At this stage, the learned Counsel for the petitioner prayed for dispensing with the presence of the petitioner before the trial Court.
In view of the above submission, the presence of the petitioner before the trial Court is dispensed with except on the dates on which the trial Judge insisted for his presence. The petitioner is directed to be represented through a Counsel before the trial Court on all hearing dates.
Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed.
_______________ RAJA ELANGO, J
March 17, 2016. KTL
2 issues framed by the court
Whether to quash criminal proceedings under Sections 420 and 409 IPC against the petitioner.
Whether to grant dispensation from personal presence during the trial.
Petitioner-Accused No.1
De Facto Complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
