M. Rathna Bai vs The State Of Telangana
2022 Latest Caselaw 6823 Tel

                                               Crl.Petition No.11192 of 2022
                                  1




      THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL PETITION No.11192 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.105 of 2022 pending on the file of learned IV

Metropolitan Magistrate at L.B. Nagar.

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 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

5 is dispensed with in D.V.C.No.105 of 2022 pending on the file of

learned IV Metropolitan Magistrate at L.B. Nagar, when represented Crl.Petition No.11192 of 2022

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.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 15.12.2022 rev

(2012) 5 SCC 424