ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioner/accused in C.C.No.3450 of 2021, on the file of the learned XI Additional Chief Metropolitan Magistrate at Secunderabad, registered for the offence punishable under Section 420 of IPC.

2. Learned petitioner’s counsel submits that the petitioner has not committed any act of cheating as against the defacto complainant and that the allegations leveled against the petitioner herein are false. He further submitted that the petitioner got divorced with the defacto complainant herein and that she has also married again but the present case is filed just to harass the petitioner herein. He therefore prayed to quash the proceedings against the petitioner. 3. The learned Additional Public Prosecutor has submitted that the petitioner was staying at in-laws place and when sought, he handed over the said gold to in-laws and left the place after which the gold was found to be spurious and hence, the present case has been filed and the prosecution could collect ample material to prove the said offence against the petitioner herein. He therefore prayed to dismiss the petition.

4. Perused the record. The allegations point out that the petitioner has handed over duplicate gold ornaments to respondent No.2. LW5 listed in the charge sheet is a gold appraiser. The veracity of this witness and the truth or otherwise in the allegations would be considered during the course of trial. However, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioner before the Trial Court.

5. Hence, the Criminal petition is disposed of dispensing with the presence of the petitioner before the Trial Court provided that the petitioner is represented through an Advocate on every date of hearing and that he shall be present before the Trial Court whenever his presence is specifically required during the course of trial.

6. Miscellaneous petitions pending, if any, shall stand closed.

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