S. Malla Reddy vs The State Of Telangana
2023 Latest Caselaw 207 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.438 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-

Accused Nos.1 to 4 to quash the proceedings against them in

D.V.C.No.7 of 2022 pending on the file of Judicial First Class

Magistrate at Amangal.

2. Heard learned counsel for the petitioners and learned

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

Perused the record.

3. Learned counsel for the petitioners confines his prayer to

dispense with the attendance of the petitioners herein.

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

case, the attendance of the petitioners herein - Accused Nos.1 to 4

is dispensed with in D.V.C.No.7 of 2022 pending on the file of

Judicial First Class Magistrate at Amangal, when represented by their

counsel on record. The attendance of the petitioners-accused Nos.1

to 4 is dispensed with 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 KS,J Crl.Petition No.438 of 2023

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 of. 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: 11.01.2023 gms

(2012) 5 SCC 424 KS,J Crl.Petition No.438 of 2023

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.438 OF 2023

11.01.2023

gms