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2025 Supreme(Online)(Tel) 15679
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
Mohammed Zaiya Ul Hassan – Appellant
Versus
The State of Telangana – Respondent
Criminal Petition No.11958 of 2025
For the Appellants/Petitioners: Ms. Taheniyath Fatima
For the Respondents: Mr. Jithender Rao Veeramalla
Authority to dispense with personal appearance of petitioners in theft case while ensuring their legal representation.
Headnote:This criminal petition seeks to quash proceedings in C.C. No.3746 of 2021 under Section 380 IPC against the petitioners. The petitioners contend they are facing false allegations regarding a stolen mobile phone that was mistakenly with them. The court reviews the case record and allows the petitioners to be represented without personal attendance. The trial is directed to be expedited. The criminal petition is thus disposed of, allowing representation except when their presence is required.
| Table of Content |
|---|
| 1. circumstances surrounding the quashing of proceedings for theft. (Para 1 , 4) |
| 2. petition filed to quash proceedings under ipc. (Para 2) |
| 3. evaluation of the charges and allowance of representation in trial. (Para 6) |
| 4. speedy trial and conditions under which petitioners may be absent. (Para 7) |
ORDER:
This criminal petition is filed seeking to quash the proceedings in C.C. No.3746 of 2021 against the petitioners- Accused Nos.1 & 2 on the file of the IV Additional Junior Civil Judge cum XV Additional Judicial Magistrate of First Class, Medchal-Mlakajgiri District at Kukatpally, for the offence under Section 380 IPC.
2. Heard Ms. Taheniyath Fatima, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State. 3. Learned counsel for the petitioners submitted that the petitioners are facing false allegations and that the petitioner No.1 has not stolen the alleged property, but mistakenly the mobile phone got mixed up with the AC repair material and the same was recovered by the police during the course of investigation and was returned to the de facto complainant, and therefore, prayed to quash the proceedings against the petitioners.
4. Learned Additional Public Prosecutor submitted that the investigation revealed that when the petitioners tried to sell away the stolen property i.e. mobile phone at the premises of a temple, the police in mafti caught hold of them and pursuant to the confession, the mobile phone was recovered and hence, prayed to dismiss the petition.
5. Perused the record.
6. A perusal of the record discloses that the petitioners are facing charge for the offence under Section 380 IPC. CC No.3746 of 2021 is pending before the IV Additional Junior Civil Judge cum XV Additional Judicial Magistrate of First Class, Medchal-Mlakajgiri District at Kukatpally. The petitioners are alleged to have committed theft and the property was recovered from them pursuant to the confession as per the recitals of the charge sheet. The truth or otherwise of the allegations can be brought out during the course of trial. Hence, in the facts and circumstances of the case, this Court deems it appropriate to dispense with the presence of the petitioners before the trial court and to direct the trial court to dispose of the matter at the earliest.
7. Accordingly, the Criminal Petition is disposed of directing the trial court to dispose of the matter as expeditiously as possible and dispensing with the presence of the petitioners before the trial court provided they are represented by a counsel before the trial court on every date of hearing and shall appear before the trial court whenever their presence is required during the course of trial.
