HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6865 of 2009 DATED:28.08.2009 Between: Azra Fatima .. Petitioner And The State of Andhra Pradesh, through W.Ps., C.C.S., Hyderabad rep., by its Public Prosecutor, High Court Buildings, Hyderabad and another .. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6865 of 2009 ORDER: Heard Ms.Saleema Naaz, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the first respondent. No notice is being ordered to the second respondent, as the matter is being disposed of at the stage of admission and as the order being passed herein is no way prejudicial to the rights and interests of the second respondent. The allegations of the petitioner are that Cr.No.238 of 2004 was registered by the W.P.S., C.C.S., Hyderabad on the complaint of the petitioner and after investigation, the charge sheet was filed against nine accused for the offences punishable under Sections 498-A, 406 and 420 read with Section 34 of the Indian Penal Code and Sections 4 and 6 of the Dowry Prohibition Act. The petitioner further states that subsequent to the charge sheet filed in C.C.No.423 of 2004 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, the first accused obtained the original passport from the trial Court promising to appear before it as and when required by filing Crl.M.P.No.3580 of 2005, which request was conceded. Still the first accused absented himself and the petition for condonation of his absence in Crl.M.P.No.3569 of 2007 was dismissed by the trial Court on 14.06.2007 for non-compliance with his own undertaking to the Court and the consequential order of the Court. Consequently, the petitioner claims that she filed Crl.M.P.SR.No.6708 of 2008 and also a memo on 04.02.2009 for securing the presence of the first accused. But the earlier order passed by the trial Court on 05.11.2007, while recalling the non- bailable warrant against the first accused directing him to appear on 22.01.2008 without fail after binding himself over for Rs.5,000/- was not being implemented. The petitioner therefore, desires that the trial Court may be ordered to implement its own order. Learned counsel for the petitioner brought to notice, sub Section (2) of Section 205 of the Code of Criminal Procedure laying down that the Magistrate has the discretion, at any stage of the proceedings, to direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided in the Code. If the further proceedings in C.C.No.423 of 2004 were to be stayed as requested in the Criminal Petition, the same will defeat the very purpose of filing the Criminal Petition for securing the presence of the first accused before the trial Court and under the various provisions of the Code of Criminal Procedure, the Criminal Rules of Practice and Circular Orders, the trial Court has the jurisdiction to pass appropriate orders concerning the presence of the first accused before it and also enforce the same and there need not be any apprehension that the trial Court will be failing in its duty to secure the attendance of the first accused, if required for the purposes of further progress of the case in accordance with law, and the same may not require interference from this Court in exercise of the inherent jurisdiction, which should be taken recourse to only in the rarest of rare cases. It will be suffice to caution the trial Court to ensure that the judicial orders passed by it from time to time in the cases are respected by the parties and if violated, enforced by the Court as provided by law, so as to maintain and uphold the dignity of the judicial process. With that note of caution, the Criminal Petition is disposed of requesting the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad to act in accordance with law, on merits, concerning securing the physical presence of the first accused before the Court. _____________________ G. BHAVANI PRASAD, J 28th August 2009 KH