THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5778 of 2025

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) for quashment of proceedings in C.C.No.6437 of 2021 on the file of the III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad District against the petitioner/accused.

2. Heard Mr.K. Rajesh, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is accused for the offences under Sections 447, 427 r/w 34 IPC and Section 3 of Prevention of Damage to Public Property Act.

4. Learned counsel for the petitioner would submit that though the petitioner is resolved to face the proceedings, his presence before the trial Court on each adjournment is causing severe difficulty and affecting his employment. Therefore, prayed for dispensing with his personal appearance unless it is required for the proceedings and such direction would redress his grievance.

However, undertakes to personally appear as and when directed by the trial Court.

5. Learned Additional Public Prosecutor submits that there is no specific objection for the prayer, however pleaded for a direction for appearance of the petitioner on the material stages in the proceedings.

6. Having regard to the submissions, subject to the petitioner’s appearance through his counsel on every adjournment and the petitioner’s personal appearance as and when directed by the Court, the personal presence of the petitioner/accused in the proceedings of C.C.No.6437 of 2021, is dispensed with. Additionally it is specified that any lapse in abiding the above conditions would automatically annul this order.

7. With this direction, this Criminal Petition is disposed of.

Miscellaneous petitions, pending if any, shall stand closed.

_______________ N. TUKARAMJI, J Date:28.04.2025 ccm