Smt.Yadavalli Lakshmi vs The State Of Telangana
2022 Latest Caselaw 6827 Tel

                                               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

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.

(2012) 5 SCC 424 Crl.Petition No.11243 of 2022

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 15.12.2022 rev

Note: C.C. tomorrow B/o.

rev