Koka Adinarayana Rao And 4 Others vs State Of Telangana And Another
2023 Latest Caselaw 47 Tel

                                                       Crl.Petition No.78 of 2023
                                   1




          THE HONOURABLE SRI JUSTICE K.SURENDER

             CRIMINAL PETITION No.78 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 4, 7 and 8 to quash the proceedings against

them in DVC No.141 of 2022 on the file of IV Metropolitan Magistrate,

Manoranjan Complex at Nampally, Hyderabad. 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 - 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:

Crl.Petition No.78 of 2023

i) The attendance of the petitioners - Respondent Nos.2 to 4, 7

and 8 is dispensed with in DVC No.141 of 2022 on the file of IV

Metropolitan Magistrate, manoranjan Complex at Nampally,

Hyderabad, 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

Hon'ble Supreme Court in case of Bhushan Kumar and another Crl.Petition No.78 of 2023

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: 04.01.2023 ns

(2012) 5 SCC 424