Mohammad Jani And 7 Others vs The State Of Telangana And 2 Others
2023 Latest Caselaw 432 Tel

                                                      Crl.Petition No.866 of 2023
                                     1




       THE HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL PETITION No.866 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 to 9 to quash the proceedings against them in

D.V.C.No.47 of 2022 pending on the file of Principal Judicial

Magistrate of First Class at Sircilla, Rajanna Sircilla District.

2. Heard learned counsel for the petitioners-respondents 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 to 9.

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

case, the attendance of the petitioners - respondent Nos.2 to 9 is

dispensed with in D.V.C.No.47 of 2022 pending on the file of

Principal Judicial Magistrate of First Class at Sircilla, Rajanna Sircilla

District, when represented by their counsel on record. The Crl.Petition No.866 of 2023

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 of. Needless to

say, in the event of the petitioners 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 within a period of four (04) weeks

from the date of filing, after hearing arguments on both sides.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 30.01.2023 rev

(2012) 5 SCC 424