M. Ashok Kumar vs The State Of Telangana
2023 Latest Caselaw 521 Tel

                                                 Crl.Petition No.1002 of 2023
                                  1




      THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.1002 OF 2023

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.1 to 3 to quash the proceedings against them in

D.V.C.No.53 of 2022 pending on the file of Principal Junior Civil

Judge cum XI Additional Metropolitan Magistrate at Rajendra Nagar,

Ranga Reddy District.

2. Heard learned counsel for the petitioners-respondents 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 petitioners - respondent

Nos.1 to 3.

4. Thus, having regard to the facts and circumstances of the

case, the attendance of the petitioners - respondent Nos.2 and 3 is

dispensed with in D.V.C.No.53 of 2022 pending on the file of

Principal Junior Civil Judge cum XI Additional Metropolitan Magistrate Crl.Petition No.1002 of 2023

at Rajendra Nagar, Ranga Reddy District, when represented by their

counsel on record. The attendance of the petitioners is dispensed

with subject to filing affidavits by them 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. No such relief is

given as far as petitioner No.1 - respondent No.1 is concerned.

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 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 within a period of four (04) weeks

from the date of filing, after hearing arguments on both sides.

(2012) 5 SCC 424 Crl.Petition No.1002 of 2023

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 30.01.2023 rev