Perugu Murali vs The State Of Telangana
2023 Latest Caselaw 366 Tel

      THE HONOURABLE SRI JUSTICE K. SURENDER

              CRIMINAL PETITION No.851 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.2 and 3 to quash the proceedings against them in DVC

No.42 of 2022 on the file of the First Additional Junior Civil Judge at

Wanaparthy. Respondent Nos.2 and 3 herein have 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 petitioners is dispensed with in DVC No.42 of 2022 on the file of the First Additional Junior Civil

Judge at Wanaparthy, when represented by their counsel on record.

ii) The appearance of petitioners 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 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 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

(2012) 5 SCC 424

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