IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2913 OF 2007 Between: K. Ramachandra Murthy ..... PETITIONER AND The State of Andhra Pradesh, represented by Public Prosecutor and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2913 OF 2007 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to quash the order, dated 28.11.2006, in Crl.M.P.No.6306 of 2006 in C.C.No.87 of 2006, on the file of the Chief Metropolitan Magistrate, Hyderabad, whereunder and whereby, the petition, under Section 205 (1) Cr.P.C., filed by the petitioner/accused No.3 to dispense with his presence and to permit him to be represented by his advocate Sri K. Venkata Ramana, was dismissed. 2. Petitioner herein is the Editor of Andhra Jyothi Daily Newspaper. He filed the present petition to dispense with his presence, in view of the fact that his presence is inevitably necessary to run the Andhra Jyothi Daily Newspaper. That petition was dismissed, on the ground that no reasons are mentioned to allow the same. 3. Learned counsel for the petitioner contended that without assigning any reasons the petition was dismissed; that the petitioner stated that he was Editor of 20 editions of Andhra Jyothi Daily Newspaper; that he has to discharge onerous duties including co- ordination; and that for proper discharge of his duties, his presence is required in the office every day throughout the working hours; and therefore, he may be permitted to represent through his advocate Sri K.Venkata Ramana. 4. Learned counsel for the respondents contended that, as the special vakalat holder was not present in the trial Court, the trial Court rightly dismissed the same. The same cannot be accepted in the absence of any material to show that previously, petitioner was represented by an advocate through special vakalat. 5. It is a case where the petition is filed under Section 205 (1) Cr.P.C. As seen from the material on record, sufficient grounds are mentioned in the petition that the petitioner is busily engaged in the running 20 editions of Andhra Jyothi Daily Newspaper. In such a case, it is difficult for the petitioner to attend the Court on each and every adjournment. Therefore, the trial Court ought to have considered the case of the petitioner having regard to the grounds mentioned in the petition to dispense with his presence. Hence, the presence of the petitioner is dispensed with permitting him to be represented by his advocate K. Venkata Ramana. However, it is made clear that he shall attend the trial Court as and when required by the Chief Metropolitan Magistrate, Hyderabad. 6. Accordingly, the Criminal Petition is allowed. _______________ K.C. BHANU, J July 15, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2913 OF 2007 July 15, 2010