K.Sashi Rani vs The State Of Telangana
2023 Latest Caselaw 573 Tel

                                                  Crl.Petition No.1162 of 2023
                                   1




      THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.1162 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.2 and 3 to quash the proceedings against them in

D.V.C.No.11 of 2022 pending on the file of Special Judicial

Magistrate of I Class for Trial of Cases under Telangana Prohibition

and Excise Act, Sangareddy.

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 petitioners - respondent

Nos.2 and 3.

4. Considering the submission of learned counsel for the

petitioners, this Court is inclined to dispense with the attendance of

the petitioners - respondent Nos.2 and 3 in D.V.C.No.11 of 2022

pending on the file of Special Judicial Magistrate of I Class for Trial Crl.Petition No.1162 of 2023

of Cases under Telangana Prohibition and Excise Act, Sangareddy,

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.

5. 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, if the charges are not yet framed,

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.1162 of 2023

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 03.02.2023 rev