Kummari Suguna vs The State Of Telangana And Another
2023 Latest Caselaw 232 Tel

                                                    Crl.Petition No.482 of 2023
                                    1




       THE HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL PETITION No.482 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.3 to 5 to quash the proceedings against them in DVC

No.79 of 2019 on the file of Additional Judicial Magistrate of First

Class at Karimnagar. The offence alleged against them is under

Section 12 of Protection of Women from Domestic Violence Act, 2005

(for short 'Act, 2005').

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.

Crl.Petition No.482 of 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 attendance of the petitioners - Respondent Nos.3 to 5 is

dispensed with in DVC No.79 of 2019 on the file of Additional Judicial

Magistrate of First Class at Karimnagar, when represented by their

counsel on record.

ii) The attendance of the petitioners is dispensed 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 shall not dispute their identity also.

iii) 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 shall stand cancelled.

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 Crl.Petition No.482 of 2023

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: 18.01.2023 ns

(2012) 5 SCC 424