1. This Criminal Petition has been filed seeking to quash the proceedings in P.R.C.No.25 of 2024, on the file of learned VIII Additional Metropolitan Magistrate at Medchal, wherein the petitioner was arrayed as accused No.5, for the offences punishable under Sections 302, 201 r/w. 34 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Mr. Mohammed Fasiuddin, learned counsel for the petitioner appeared through video conference and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

3. Learned counsel for the petitioner submits that the petitioner has not committed alleged offence and he was falsely implicated in the present crime. Even according to the allegations made in the complaint, do not attract the ingredients under Sections 302, 201 r/w. 34 of IPC. Hence, the continuation of proceedings against the petitioner is a clear abuse of process of law. Though the criminal petition was filed seeking to quash the proceedings in P.R.C.No.25 of 2024, the learned counsel for the petitioner restricted his prayer requesting this Court to dispense with the appearance of the petitioner/accused No.5 in P.R.C.No.25 of 2024, on the file of learned VIII Additional Metropolitan Magistrate at Medchal.

4. Per contra, learned Additional Public Prosecutor submitted that there are specific allegations against the petitioner to attract the ingredients of Sections Sections 302, 201 r/w. 34 of IPC. Whether the petitioner has committed the offence or not has to be revealed during the course of investigation. Hence, the petitioner is not entitled to seek quashment of proceedings against him. Thus, the criminal petition is liable to be dismissed.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are specific allegations levelled against the petitioner in the final report. Thus, this Court is not inclined to quash the proceedings against the petitioner. However, taking into consideration the occupation of the petitioner, the presence of the petitioner/accused No.5 in P.R.C.No.25 of 2024, on the file of learned VIII Additional Metropolitan Magistrate at Medchal, is dispensed with, subject to the condition that the petitioner/accused No.5 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/accused No.5 on any date so fixed by the trial Court, the trial Court shall be entitled to proceed with the matter in accordance with law.

6. Accordingly, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.