Ahmed Bin Omer vs The State Of Telangana
2023 Latest Caselaw 1689 Tel

     THE HONOURABLE SRI JUSTICE K.SURENDER
         CRIMINAL PETITION No.1126 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

petitioner-Accused to quash the proceedings in DVC No.223 of

2018 on the file of IV Metropolitan Magistrate, Hyderabad.

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

04.05.2015 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.223 of 2018 on

the file of IV Metropolitan Magistrate, Hyderabad against the

petitioner herein. However, in matrimonial disputes the

identification of parties is not in dispute.

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

petitioner- 1st respondent is dispensed with in DVC No.223 of

2018 on the file of IV Metropolitan Magistrate, Hyderabad,

when represented by his counsel on record, the attendance of

the petitioner is dispensed subject to filing an affidavit by the

petitioner stating that in his absence the proceedings

conducted by his counsel will not be disputed by him in any

manner and also he shall not dispute his identity. However,

the petitioner shall appear before the learned Magistrate as

and when his presence is required. In the event of the

petitioner's failure to appear when the Court directs, this order

dispensing his attendance would stand cancelled.

6. Accordingly, the Criminal Petition is disposed off.

Needless to say, in the event of the petitioner 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: 19.04.2023 kvs

(2012) 5 SCC 424

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.1126 OF 2020

Date: 19.04.2023

kvs