Edulabavi Shankaramma And 3 ... vs The State Of Telangana And 2 Others
2022 Latest Caselaw 6822 Tel

                                               Crl.Petition No.11186 of 2022
                                  1




      THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL PETITION No.11186 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 5 seeking to quash the proceedings against

them in D.V.C.No.1 of 2022 pending on the file of XIV Additional

Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga

Reddy District.

2. Heard learned counsel for the petitioners-respondent Nos.2

to 5 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 5 as the petitioners - respondent Nos.2 to 5

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 Crl.Petition No.11186 of 2022

5 is dispensed with in D.V.C.No.1 of 2022 pending on the file of XIV

Additional Metropolitan Magistrate, Cyberabad at Rajendranagar,

Ranga Reddy District, when represented by their counsel on record.

The attendance of the petitioners - respondent Nos.2 to 5 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.

(2012) 5 SCC 424 Crl.Petition No.11186 of 2022

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 15.12.2022 rev