Samba Siva And 5 Others vs The State Of Telangana And Another
2023 Latest Caselaw 365 Tel

      THE HONOURABLE SRI JUSTICE K. SURENDER

              CRIMINAL PETITION No.847 OF 2023

ORDER:

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 6 to quash the proceedings against them in DVC

No.13 of 2022 on the file of the Judicial First Class Magistrate,

Narayanpet. The 2nd respondent herein has filed an application under

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

short 'Act, 2005') under various reliefs.

2. Heard learned counsel for the petitioners and learned Additional

Public Prosecutor for the respondent - 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.

4. In view of the aforesaid submission, this Criminal Petition is

disposed off with the following directions:

i) The appearance of petitioner Nos.2 to 6 - Respondent

Nos.2 to 6 is dispensed with in DVC No.13 of 2022 on the file of the Judicial First Class Magistrate at Narayanpet, when represented by their counsel on record.

ii) The appearance of petitioner Nos.2 to 6 - Respondent Nos.2 to 6 is dispensed subject to filing an affidavit 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 petitioner Nos.2 to 6 - Respondent Nos.2 to 6 shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioner Nos.2 to 6 failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled.

iv) No such relief is granted as far as petitioner No.1- Respondent No.1 is concerned and he shall appear before the trial Court on every date of hearing without fail.

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 27th January 2023 mar

(2012) 5 SCC 424