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Judgment
This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.629 of 2025, on the file of the II Additional Judicial Magistrate of First Class at Bhupalpally, wherein the petitioners were arrayed as accused Nos.2 and 3, registered for the offences punishable under Sections 363, 379, 384, 354-b, 354-c, 342, and 506 read with 34 of the Indian Penal Code, 1860 (for short the 'IPC').
Heard Mr. K. Sai Krishna, learned counsel representing Mr. Boosa Shivachandra, learned counsel for the petitioners Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
With their consent, the criminal petition is disposed of at the stage of admission. Notice in respect of respondent No.2 is dispensed with.
When this Court expressed the view that the present case does not come within the ambit of rarest of rare cases, as the final report contains specific allegations against the petitioners which, prima facie, disclose cognizable offences, and the grounds urged in the criminal petition require adjudication by the trial Court after full-fledged trial and the same cannot be adjudicated by this Court while exercising the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), at this juncture, learned counsel for the petitioners requested this Court to dispense with the presence of petitioner No.2/accused No.3 in C.C.No.629 of 2025, on the file of the II Additional Judicial Magistrate of First Class at Bhupalpally, on the ground that petitioner No.2/accused No.3 is a retired employee and suffering from old aged ailments and the matter before the trial Court has not ripened for the trial yet.
The learned Additional Public Prosecutor has not opposed the submission made by the learned counsel for petitioners.
Taking into consideration the peculiar facts and circumstances of the case, age of petitioner No.2/accused No.3, and the submission made by the learned counsel for the petitioners, the presence of the petitioner No.2/accused No.3 in C.C.No.629 of 2025, on the file of the II Additional Judicial Magistrate of First Class at Bhupalpally, is dispensed with, subject to the condition that petitioner No.2/accused No.3 shall be represented by his counsel on every date of hearing, unless his presence is specifically required during the course of the trial. In the event of non-appearance of petitioner No.2/accused No.3 on any date so fixed by the trial Court, the trial Court shall be entitled to proceed with the matter in accordance with law. No relief is granted in respect of petitioner No.1/accused No.2.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.