Crl.Petition No.10656 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10656 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- Respondent Nos.1 to 5 to quash the proceedings against them in DVC No.12 of 2022 pending on the file of Judicial First Class Magistrate at Vemulavada. The offences alleged against them are under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'Act, 2005').
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. Though the petitioners have raised several grounds to quash the proceedings in the aforesaid DVC, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid DVC case before the trial Court.
4. In view of the aforesaid submission, this Criminal Petition is disposed off with the following directions:
Crl.Petition No.10656 of 2022 2
i) The attendance of the petitioners - Respondents 2 to 5 is dispensed with in DVC No.12 of 2022 pending on the file of Judicial First Class Magistrate at Vemulavada, when represented by their counsel on record.
ii) The attendance of the petitioners is dispensed subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also.
iii) However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
iv) No such relief is granted as far as 1st petitioner - Respondent No.1 is concerned.
5. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the Crl.Petition No.10656 of 2022 3 concerned Court shall dispose it off on merits, in accordance with Bhushan Kumar's1 judgment.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 01.12.2022 ns 1 (2012) 5 SCC 424