Avinash Pudota And 2 Others vs The State Of Telangana And Another
2022 Latest Caselaw 6907 Tel

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        THE HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL PETITION No.11425 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/A1 to A3 to quash the proceedings against them in

DVC No.64 of 2022 pending on the file of the Principal Junior civil

Judge-cum-Metropolitan Magistrate, Malkajgiri.

2. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the respondent - State. Perused

the record.

3. A perusal of record would reveal that, the marriage of 2nd

respondent with the Accused No.1 was performed on 29.12.2018

and thereafter matrimonial disputes arose between them.

4. The allegations leveled against petitioners herein are triable

issues. The petitioners herein have to face trial and prove their

innocence. In view of the same, this Court is not inclined to

quash the proceedings in the aforesaid D.V.C. against the

petitioners herein. However, in matrimonial disputes the

identification of parties is not in dispute.

5. Learned counsel for the petitioners confines her prayer to

dispense with the personal appearance of the petitioners before

the trial Court.

6. In view of the aforesaid reasons, the attendance of the

petitioners herein/A1 to A3, is dispensed with in DVC No.64 of

2022 pending on the file of the Principal Junior civil Judge-cum-

Metropolitan Magistrate, Malkajgiri, when represented by their

counsel on record. The attendance of the petitioners is dispensed

subject to filing an affidavit 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 the petitioners failure to appear when the Court directs,

this order dispensing their attendance shall stand cancelled.

7. Accordingly, the Criminal Petition is disposed off. 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 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.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 20.12.2022 tk

(2012) 5 SCC 424

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No. 11425 OF 2022

Dt.20.12.2022

tk