Crl.Petition No.797 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.797 OF 2023
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 7 to quash the proceedings against them in D.V.C.No.21 of 2022 pending on the file of Judicial First Class Magistrate at Chennur.
2. Heard learned counsel for the petitioners-respondents 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 petitioners - respondent Nos.2 to 7.
4. Thus, having regard to the facts and circumstances of the case, the attendance of the petitioners - respondent Nos.2 to 7 is dispensed with in D.V.C.No.21 of 2022 pending on the file of Judicial First Class Magistrate at Chennur, when represented by their counsel on record. The attendance of the petitioners is dispensed with Crl.Petition No.797 of 2023 2 subject to filing affidavits by them stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. 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 would stand cancelled.
5. Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application seeking discharge, the concerned Court shall dispose it off 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 within a period of four (04) weeks from the date of filing, after hearing arguments on both sides.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 25.01.2023 rev 1 (2012) 5 SCC 424