CRLP/11874/2022 of Sharad Singh Thakur Vs The State of Telangana on 30 December 2022

[ [3251 ]]

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 11 8740F 2022

Between:

Sharad Singh Thakur, S/o. Manmohan Singh Thakur, Age.42 yrs, Occ.Business, R/o.H.No.B-2-21'1, Kummariguda, Secunderabad - 500003Business, R/o.H.No.B-2-21'1, Kummariguda, Secunderabad - 500003

...PETITIONER/ACCUSED No.7

AND

1The State of Telangana, rep. by its Public Prosecutor High Court for the stateof Telanganaof Telangana 2The Station House Officer, PS Chilkalguda, Gopalapuram Division

...RESPONDENTS

Petition under Section 482 of Cr.P.C praylng that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to Quash the proceedings in C.C.No,2739 ot 2021 on the file of the XAdditional Chief Metropolitan Magistrate, at Secunderabad registered under Secbe pleased to Quash the proceedings in C.C.No,2739 ot 2021 on the file of the XAdditional Chief Metropolitan Magistrate, at Secunderabad registered under Sec34 (A) of T.S. Excise Act against the petitioner/accused nos.2

LA. NO: 1 OF 2022

Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay of all further proceedings including the appearance of thepetitioner/accused no.7 in C.C.No.2739 of 2O21 on the file of the X AdditionalChief Metropolitan Magistrate, at City Civil Court, Secunderabad registeredunder sec. Act, pending disposal of the above criminal petition This Pet'tion coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri A SBhaskara Giri, Advocate for the Petitioner and the Additional public prosecutoron behalf of the Respondents The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDERcMINAPETITIO N No.11874 0F 2022

ORD ER:

This Criminal [petition ]is filed under Section 4g2 of the Code of Criminal Procedure, 1973 (for short [.Cr.p.C.) ]by the petitioner_Accused No.7 to quash the proceedings against him in C.C.No.2739of 202L pending on the file of learned X Additional ChiefMetropolitan Magistrate, City Civil Court at Secunderabad. Theoffences alleged against them are under Section 34-A TS Excise Act.

2. Heard learned counsel for the petitioner and learnedAdditional Public Prosecutor for the respondent No.1State.Perused the record.

3. Learned counsel for the petitioner confines his prayer todispense with the attendance of the petitioner-Accused No.7.

4. Thus, having regard to the facts and circumstances of thecase, the attendance of the petitioner herein - Accused No.7 isdispensed with in c.c.No.2739 of 2021 pending on the fire of learnedX Additional Chief Metropolitan Magistrate, City Civil Court atSecunderabad, when represented by his counsel on record. Theattendance of the petitioner-accused No.7 is dispensed with subjectto filing an affidavit by the petitioner stating that in his absence theproceedings conducted by his counsel will not be disputed by him in Crl.petition No.t18 ,O ,[1::", ", any manner and also he shall notLispute his identity. However, thepetitioner shall appear before the learned Magistrate as and whenhis presence is required. In the event of the petitioner failure toappear when the Court directs, this order dispensing his attendancewould stand cancelled.

5Accordingly, the Criminal petition is disposed of.

Miscellaneous apprications pending, if any, shail stand crosed.

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