✦ Andhra Pradesh High Court · 01 Feb 2011

Criminal Petition No. 11268 of 2010 · Andhra Pradesh High Court

Criminal Petition No. 11268 of 2010RAJA ELANGO

Case at a glance

Provisions considered

Key paragraphs

  • Para 55. Accordingly, the presence of the petitioner-accused before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel.
  • Para 66. With the above observation, the Criminal Petition is dismissed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 1st February 2011, Rns.

Judgment

This criminal petition is filed under Section 482 Cr.P.C. by the petitioner seeking to quash the proceedings in C.C.No.480 of 2010 on the file of the VII Metropolitan Magistrate, Hayathnagar, Cyberabad, Hyderabad, arising out of Crime No.326 of 2010 of Hayathnagar Police Station, registered for the offences punishable under Sections 420, 417 and 493 IPC.

2.

Heard both sides.

3.

After arguing for some time, learned counsel for the petitioner-accused withdrawing the main prayer, confined his arguments requesting the court to dispense with the presence of the petitioner before the court below.

4.

Admittedly, in this matter after completion of investigation police filed charge sheet. The offences alleged against the petitioner are punishable under Sections 420, 417 and 493 IPC. Since the prima facie material on record reveals allegations against the petitioner, this Court is not inclined to quash the proceedings. In any event, considering the submissions made by the learned counsel for the petitioner, this Court is inclined to dispense with the presence of the

petitioner before the trial court.

5.

Accordingly, the presence of the petitioner-accused before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel.

6.

With the above observation, the Criminal Petition is dismissed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 1st February 2011, Rns.

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 417, 420, 493.

Which court decided this case, and when?

Andhra Pradesh High Court, on 01 Feb 2011. The bench was RAJA ELANGO.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Andhra Pradesh High Court or eCourts case status (search case no. Criminal Petition No. 11268 of 2010). ← Search more judgments