Guntupalli Rajesh Kumar vs The State Of Telangana
2023 Latest Caselaw 1597 Tel

       THE HONOURABLE SRI JUSTICE K.SURENDER
             CRIMINAL PETITION No.958 OF 2020

ORDER:

1. This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-

respondents Nos.1 to 5 to quash the proceedings against them in

DVC No.55 of 2019 pending on the file of X Additional Metropolitan

Magistrate, at Kukatpally, Ranga Reddy District.

2. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the 1st respondent - State.

Perused the record.

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

respondent with the 1st petitioner was performed on 06.06.2015

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 DVC No.55 of 2019 pending on the file of X

Additional Metropolitan Magistrate at Kukatpally, Ranga Reddy

District against the petitioners herein. However, in matrimonial

disputes the identification of parties is not in dispute.

5. In view of the above reasons, the attendance of the petitioners

herein - Respondents 2 to 5 is dispensed with in DVC No.55 of

2019 pending on the file of X Additional Metropolitan Magistrate at

Kukatpally, Ranga Reddy District, 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 also they shall not dispute

their identity. 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 would stand cancelled.

6. 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: 12.04.2023 kvs

(2012) 5 SCC 424

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.958 OF 2020

Date: 12.04.2023

kvs