Crl.Petition No.11243 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11243 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.2 to 4 seeking to quash the proceedings against them in D.V.C.No.82 of 2022 pending on the file of Principal Junior Civil Judge cum VI Metropolitan Magistrate, Malkajgiri.
2. Heard learned counsel for the petitioners-respondent Nos.2 to 4 and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of the petitioners - respondent Nos.2 to 4 as the petitioners - respondent Nos.2 to 4 are old aged persons, due to which they are facing difficulty in attending the Court on each and every date of hearing.
4. Considering the submission of learned counsel for the petitioners, the attendance of the petitioners - respondent Nos.2 to 4 is dispensed with in D.V.C.No.82 of 2022 pending on the file of Crl.Petition No.11243 of 2022 2 Principal Junior Civil Judge cum VI Metropolitan Magistrate, Malkajgiri, when represented by their counsel on record. The attendance of the petitioners - respondent Nos.2 to 4 is dispensed with subject to filing of affidavits 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. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
5. Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it of on merits in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another1.
1 (2012) 5 SCC 424 Crl.Petition No.11243 of 2022 3 Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 15.12.2022 rev Note: C.C. tomorrow B/o.
rev