✦ High Court of India · 23 Jan 2025

The High Court · 2025

Case Details High Court of India · 23 Jan 2025

The State of Telangana, Through S.H.O, Abdullapurmet P-S. Ranga Reddy District, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad. ...RESPONDENT/COMPLAINANT lA NO: 'l OF 2025 Petition under Section 438 and 442 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings pursuant to the lmpugned Order dt.07.0'1 .2025 passed in Crl.M.P.No.O3 of 2025 in S.C.No.387 of 2023 on the file of Court of Spl. Sessions Judge for Trial of Offences Under SC/ST (POA) Act-Cum-Vll Addl. District & Sessions Jr.rdge, Ranga Reddy District at L.B.Nagar by exempting the personal appearance of the Petitioner/A3 during the trial by representing her Special Vakalath Holder T.Srinath Babu, Advocate, in the interest of Justice, pending disposal of main Criminal Revision Case. Counsel for the Petitioner: Sri C. Hari Preeth Counsel for the Respondent: Sri E. Ganesh, Public Prosecutor The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No.27 of 2o25 ORDER: This criminal revision case is filed. against the orders passed by the Special Sessions Judge for trial of offences under SC/ST (POA) Act, 1989-cum-VII Additional District and Sessions Judge, Ranga Reddy District in Crl.M.P.No.03 of 2025 in S.C.No.387 of 2023, dated 07.01 .2025. l.? ,

2. Heard Sri C.Hari Preeth, learned counsel for the revision petitioner and Sri E.Ganesh, learned Assistant Public Prosecutor

3. Learned counsel for the revision petitioner would submit that petitioner is a student and secured admission in University of Greenwich, United Kingdom to pursue Master's Program ln Data Science (M.Sc.) and due to the pending proceedings she could not complete the formalities to join in the M.S (Data Science) course in the said university. It is further submitted that revision petitioner has hled an application to discharge her from the said crime and the sarne was dismissed. Subsequently she has also Iiled a miscellaneous petition to grant permission under Section 205 of Cr.P.C seeking to exempt her from personal *a! 2 appearance during the trial and to perrnit her to contest the case through Special Vakalath Holder T.Srinath Babu, Advocate on her behalf on each and every occasion of proceedings and the said application was dismissed on O7.Ol ,2025 by the Special Sessions Judge for trial of offences under SC/ST (POA) Act, 1989-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Naagar.

4. Learned counsel for the revision petitioner by frling a memo vide U.S.R.No'.5735 of 2025 would submit that for completing the formalities by the revision petitioner time was extended by the. said university up to 31.01.2025 and thus she would seek to permit her to pursue her Master's of Science education at the Greenwich Universit5r, U.K and would submit that she had obtained Visa earlier but could not utilize the same due to the pending proceedings against her in S.C.No.387 of 2023. Learned counsel for the revision petitioner would strongly contend that tfre revision petitioner in all circumstances shall cooperate with investigation and will also attend to the proceedings as and when necessary by the learned trial Court and in all other occasions 3 her special vaka-lath holder will represent her case under Section 205 of Cr.P.C.

5. Learned counsel for the revision petitioner would further submit that revision petitioner was arrayed as accused No.3 to the incident happened on 17.02.2023 and as per the charge sheet, the revision petitioner was taken by the accused No.l on his motor cycle on 2O.O2.2O23 and had shown the place where the body parts of the deceased wefe thrown and after that accused No. t has shown direction of the main scene of crime. It was further submitted that as per the allegations made it can be. safely presumed that the revision petitioner has no knowledge about the said crime until she was taken by the accused No. 1 to the scene of crime on2O.O2.2O23 i.e., three days later to the said incident took place where the body parts of the deceased burnt out. It was further submitted that restricting the petitioner due to the pendency of the criminal proceedings and also regarding the charges levelled against the revision petitioner will have impact on her caneer and that her future will be curtailed and therefore requested this Court to allow the present revision case. I *-t: 4

6. On the other hand, learned Assistant Public Prosecutor by furnishing a copy of G.O.Rt.No.855 dated 26.09.2024 issued by HOME (COURTS.AI) Department in which it is mentioned that the said case is identifred as a special case'and Smt.K.V.Beena was appointed S Special Prosecutor for conducting the prosecution in the instant case. Learned Assistant Pubhc Prosecutor strongly contended that as the present case ls a specially identilied case and expeditious trial is required. He .. ' further stated that the offences alleged against the petitioner are grievous in nature and further stated that in the facts and circumstances of the case on hand, examination of the petitioner is quite necessary for proper adjudication in accordance with law and seeks to dismiss the present revision case.

7. Having heard botJ. the learned counsel and having regard to the facts and circumstances and also in view of the guidelines reported in KPuneet Dalmia o. Central Bureau of Inaestigation", this Court finds that it is appropriate to permit the revision petitioner to pursue her Master's Education in U.K with a specihc direction.to furnish her telephone/mobile number, ' AIR 2o2o supreme coutt 2L4 {,i 5 email-id, postal address of the petitioner at U.K including address of the university and details of the coordinator of the University before the learned trial Court before her travel. Revision petitioner is also directed to attend proceedings as and when necessar5r before the trial Court faiting which prosecution is at liberty to take steps to vacate this order.

8. With the above said direction, criminal revision case is disposed of. There shall be no order as to costs. //TRUE COPY// Sd/- M. MANJULA PUTY REGISTRAR S ECTION OFFICER i \ To, 2 1 The Soecial Sessions Judge for Trial of Offences Under SC/ST (P-OA) Act c'r""',:iiii ffioit.nri oi.1ii"i-rn-J seisions Judge' Ransa Reddv District at L.B.Naqar. ini'i[Jii"" House officer. Abdullapurmet Police-Station, Vanaslhalipuram +;; tc;i;'ih"FroiiJ pio.Ei,i"i Hign court for the state or relansana at Hvderabad. [OUT] ii;;-bCi;Sr-i C ilari Preeth Advocate [oPUc] Two CD CoPies

4. VH/ghw 1lr n :--- HIGH COURT DATED: 2310112025 , ORDER CRLRC.No.27 of 2025 '4.t) ;lrE S I_i rg ?3 t,tn Zffi ,i r z t r)€5na16gcO

4.rl ./t DISPOSING OF CRL.R.C x6 a a. Y.*

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