Mekala Sudhakar v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2449 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 to A-3 in D.V.C.No.18 of 2015 pending on the file of VII Metropolitan Magistrate, Cyberabad, Hayathnagar, Ranga Reddy District.

Heard and perused the material available on record. Second respondent herein filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the petitioners/accused seeking various reliefs under the Act. Since there are specific allegations against the petitioners herein in the application, the truth or otherwise of the same have to be necessarily adjudicated by the trial Court. Hence, this Court is not inclined to quash the proceedings against the petitioners at this stage.

In any event considering the nature of allegations wherein the question of identity of the respondents herein does not arise, the presence of the petitioners 2 and 3/A-2 and A-3 before the trial Court is dispensed with except on the dates when their presence is essentially required by the Court. The first petitioner/A-1, who is husband of the de facto complainant, shall present before the Court on all hearing dates on his behalf and on behalf of other petitioners also. The petitioners shall be properly represented by their counsel before the trial Court.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed.

_________________ RAJA ELANGO, J Date: 25-02-2016 Ksn