Telangana High Court
CRLP/11878/2022 of Mr. Vazir Ahmed Khan Vs The State of Telangana and another on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 118780F 2022 Between: Late Nazeer Ahmed Khan, Aged about 82 years, 1O- 2- 1114, A . C. Guards, Hyderabad- 04- TS
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: 118780F 2022
Between:
l\,4r. Vazi Ahmed Khan, S/oLate Nazeer Ahmed Khan, Aged about 82 years,Occ Advocate, R/o. H. No1O- 2- 1114, A. C. Guards, Hyderabad- 04- TS...PETITIONERYACCUSED
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court atHyderabad For the State of Telangana Through PS Nampally, HyderabadHyderabad For the State of Telangana Through PS Nampally, Hyderabad
2. Dr. N. Jayalatha, Director, Aged about 53 years, MNJ lnstitute of Oncologyand Regional Cancer Center, Red Hills, Hyderabad- TSand Regional Cancer Center, Red Hills, Hyderabad- TS
...RESPONDENTS/DEFACTO COMPLAINANT
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 quash the Charge Sheet in C. C. No. 1892 of 2021 on the file ofHonble Xll ADDL. Chief lvletropolitan Magistrate at Nampally, Hyderabad,against the Petitioner/Accused herein, in connection with Cr. No. 310 of 2019 dt.28- 12- 2019 of PS Nampally, Hyderabad, in the interest of [justice.]
l.A. 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 in C. C. No. 1892 of 2021 on the fileof Honble XII ADDL. Chief l/etropolitan Magistrate at Nampally, Hyderabad, inconnection with Cr- No. 3'10 of 2019 dt. 2A- 12- 2019 of PS Nampally,Hyderabad, including the appearance of the Petitioner /Accused, [pending]disposal of the main criminal [petrtion.]
This Petition coming on for hearing, upon perusing the lrilemorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri L. [RAIV]SINGH, Advocate for the Petitioner and the Public Prosecutor on behalf of [the]Respondent No.1 and none appeared for the Respondent No. 2.
The Court made the following:
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THE HOI'IOURABLE SRI JUSTICE K.SURENDERCRI],1INAL PETITION No.11878 OF 2022
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ORDER:
This Crimiral Petition is filed under Section 482 of the Code ofCriminal Procedure, 1973 (for short 'Cr.P.C.') by the [petitioner-]Accused to quasr the proceedings against him in C.C.No.1892 of2021 pendlng on the file of learned XU Additional Chief MetropolitanMagistrate at Nan,pally, Hyderabad. The offences alleged against thepetitioner are under Sections 447 and 427 of Indian Penal Code (forshort "IPC').
2. Heard learnt:d counsel for the petitioner and learned AdditionalPublic Prosecutor f:r the respondent - State. Perused the record.
3. Learned cotrnsel for the petitioner confined his prayer todispense wlth the personal appearance of the petitioner - Accused ashe is aged about i:i2 years and it is very difficult for him to appearbefore the court on each and every date of hearing.
4. Considering the submission of learned counsel for thepetitioner, this Crirninal Petition is disposed of with the followingdirections:
i) The attendance of the petitioner - Accused is dispensed with inC.C.No.1892 of 2021 pending on the flle of learned XII AdditionalChief Metropolitan Magistrate at Nampally, Hyderabad, whenrepresented by his counsel on record.
ii) The attendance of the petitioner - Accused is dispensedsubject to filing an affidavit by the petitioner stating that in hisabsence the [proceedings ]conducted by his counsel will not bedisputed by him in any manner and shall not dispute his identity also.
iii) However, the [petitioner ]- Accused shall appear before thelearned Magistrate as and when his presence is required. In theevent of the failure of the [petitioner ]- Accused to appear when theCourt directs, this order dispensing his attendance shall standcancelled.
iv) Needless to say, in the event of the [petitioner ]filing anapplication under seeking discharge, the concerned Court shalldispose it of on merits within a [period ]of four (04) weeks.
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Miscellaneous applications pending, if any, shall stand closed.
Sd/- MOHD.SANAULLAH ANSARIASSTSTAIjT REGTSTRAR,TRUE COPY// ( r{
SECTION OFFICER
To,
1The Xll Addl Chief ft,4etropolitan Magistrate at Nampally, Hyderabad.2The Station House Officer, Nampally Police Station, Hyderabad.3Two CCs to the Public Prosecutor, High Court for the State of Telangana, atHyderabad [(OUT).]2The Station House Officer, Nampally Police Station, Hyderabad.3Two CCs to the Public Prosecutor, High Court for the State of Telangana, atHyderabad [(OUT).]4One CC to Sri L. RAIM SINGH, Advocate [OPUC]5Two CD Copies5Two CD Copies DLPRk\9<
HIGH COURTDArED:.3011212022
ORDERCRLP.No.1'1878 of ? 022
CRIMINAL PETITIIO\ IS DISPOSED OI
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