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2023 DIGILAW 650 (TS)

Narahari Shetti Ravi v. State of Telangana

2023-09-20

K.SURENDER

body2023
ORDER : 1. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioners/Accused Nos.2 & 3 to quash the proceedings in C.C.No.272 of 2020 on the file of XXVII Additional Metropolitan Magistrate, Rachakonda at Maheshwaram, for the offences under Sections 420, 468, 471 and 120-B IPC. 2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the 1st respondent – State. Perused the record. 3. A perusal of record would reveal that the allegations leveled against petitioners herein are triable issues. The petitioners herein have to face trial and prove their innocence. In view of the same, this Court is not inclined to quash the proceedings in C.C.No.272 of 2020 on the file of XXVII Additional Metropolitan Magistrate, Rachakonda at Maheshwaram against the petitioners herein. 4. In view of the above reasons, the attendance of the petitioners/A2 & A3 is dispensed with in C.C.No.272 of 2020 on the file of XXVII Additional Metropolitan Magistrate, Rachakonda at Maheshwaram, when represented by their counsel on record, the attendance of the petitioners is dispensed subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners’ failure to appear when the Court directs, this order dispensing their attendance would stand cancelled. 5. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, if charges are not framed, the concerned Court shall dispose it off on merits. Miscellaneous applications pending, if any, shall stand closed.