M.Srikanth And Another vs The State Of Telangana
2023 Latest Caselaw 553 Tel

                                                                        KS,J
                                                         Crl.P.No.1050_2023
                                   1



       THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.1050 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 and 2 to quash the proceedings against them in

DVC No.40 of 2022 on the file of Pr.Junior Civil Judge-cum-XI

Additional Metropolitan Magistrate, Medchal-Malkajgiri District. The

application filed under Section 12 of Protection of Women from

Domestic Violence Act, 2005 against the petitioners.

2. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the respondent No.1 - State.

Perused the record.

3. Though the petitioners have raised several grounds to quash

the proceedings in the aforesaid DVC, learned counsel for the

petitioners requested this Court to dispense with the appearance of

the petitioners, in the aforesaid DVC case before the trial Court.

KS,J Crl.P.No.1050_2023

4. In view of the aforesaid submission of the learned counsel for

the petitioners, this Criminal Petition is disposed off with the following

directions:

i) The appearance of the 2nd petitioner - Respondent No.2 is

dispensed with in DVC No.40 of 2022 on the file of Pr.Junior Civil

Judge-cum-XI Additional Metropolitan Magistrate, Medchal-Malkajgiri

District, when represented by her counsel on record.

ii) The appearance of the 2nd petitioner is dispensed subject to

filing an affidavit stating that in her absence the proceedings

conducted by her counsel will not be disputed by her in any manner

and shall not dispute her identity also.

iii) However, the 2nd petitioner shall appear before the learned

Magistrate as and when her presence is required. In the event of the

2nd petitioner failure to appear when the Court directs, this order

dispensing her appearance shall stand cancelled.

iv) No such relief is granted as far as 1st petitioner - Accused No.1

is concerned and he shall appear before the trial Court on every date

of hearing without fail.

KS,J Crl.P.No.1050_2023

5. Needless to say, the petitioners are at liberty to file an

application seeking discharge before the concerned Court. In the

event of such application being made, 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

weeks from the date of filing.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 02.02.2023 ns

(2012) 5 SCC 424