Bellapukonda Manohar Gupta And 2 ... vs Puvvadi Meghana And Another
2023 Latest Caselaw 492 Tel

                                                          Crl.P.No.948_2023
                                   1




           THE HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL PETITION No.948 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 to quash the proceedings against them in DVC

No.80 of 2022 on the file of III Metropolitan Magistrate at Hyderabad.

The application filed under Section 12 of Protection of Women from

Domestic Violence Act, 2005 against the petitioners under various

reliefs.

2. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the respondent No.2 - 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.P.No.948_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 appearance of the petitioners - Respondent Nos.2 to 4 is

dispensed with in DVC No.80 of 2022 on the file of III Metropolitan

Magistrate at Hyderabad, when represented by their counsel on

record.

ii) The appearance of the 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 appearance 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.P.No.948_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: 31.01.2023 ns

(2012) 5 SCC 424