Janaki Parupalli And Another vs The State Of Telangana And Another
2022 Latest Caselaw 7083 Tel

                                                 Crl.Petition No.11778 of 2022
                                   1




          THE HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL PETITION No.11778 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-

Accused Nos.2 and 4 to quash the proceedings against them in

D.V.C.No.45 of 2022 pending on the file of Principal Junior Civil Judge

cum XI Additional Metropolitan Magistrate at Rajendranagar, Ranga

Reddy District.

2. Heard learned counsel for the petitioners 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 - Accused

Nos.2 and 4.

4. Considering the submission of learned counsel for the

petitioners, this Criminal Petition is disposed of with the following

directions:

Crl.Petition No.11778 of 2022

i) The attendance of the petitioners - Accused Nos.2 and 4 is

dispensed with in D.V.C.No.45 of 2022 pending on the file of Principal

Junior Civil Judge cum XI Additional Metropolitan Magistrate at

Rajendranagar, Ranga Reddy District, when represented by their

counsel on record.

ii) The attendance of the petitioners - Accused Nos.2 and 4 is

dispensed subject to filing 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.

iii) However, the petitioners - Accused Nos.2 and 4 shall appear

before the learned Magistrate as and when their presence is required.

In the event of the failure of the petitioners to appear when the Court

directs, this order dispensing their attendance shall stand cancelled.

iv) 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 Crl.Petition No.11778 of 2022

and another vs. State (NCT of Delhi) and another1 within a

period of four (04) weeks after hearing arguments on both sides.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 28.12.2022 rev

(2012) 5 SCC 424