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Judgment
This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners, who were arrayed as accused Nos.1 to 9, seeking to quash the proceedings in C.C.No.1528 of 2024 on the file of the III Additional Judicial First Class Magistrate at Nalgonda, for the offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955.
Heard Mr. V.Praveen Kumar, learned counsel for the petitioners, and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent Nos.1 and 2.
Though the present Criminal Petition has been filed seeking to quash the proceedings in C.C.No.1528 of 2024 by raising various grounds and when this Court is not inclined to quash the proceedings on the ground that the grounds urged by the learned counsel for the petitioners are required trial by the learned trial Court, especially specific allegations are levelled in the complaint that petitioner Nos.2 to 8, being ration shop dealers, are selling PDS rice to petitioner No.1, who in turn selling the same to the rice mill of petitioner No.9 and that there is conspiracy between the petitioner Nos.2 to 8 and petitioner Nos.1 and 9. At this juncture, learned counsel for the petitioners requested this Court to dispense with the presence of the petitioner No.9/accused No.9 in C.C.No.1528 of 2024 on the file of the III Additional Judicial First Class Magistrate at Nalgonda, as the matter before the trial Court has not yet ripened for trial.
The learned Additional Public Prosecutor has not opposed the submissions made by the learned counsel for petitioners.
In view of the above submissions, the presence of the petitioner No.9/accused No.9 in C.C.No.1528 of 2024 on the file of the III Additional Judicial First Class Magistrate at Nalgonda, is dispensed with, subject to the condition that he shall be represented through his counsel on each and every date of hearing. If the presence of the petitioner No.9 is required, he shall appear before the trial Court. In case of his non-appearance on the specific date fixed by the trial Court for their appearance, the trial Court is entitled to proceed with the matter, in accordance with law.
Accordingly, the criminal petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.