Badini Janaki Ramulu v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.1357 of 2017 ORDER:

The present petition is filed under Section 482 of the Code of Criminal Procedure (Cr.P.C) to quash the proceedings in D.V.C.No.1 of 2016 pending on the file of the Judicial First Class Magistrate-cumSpecial Mobile Court, Nalgonda. The petitioners are arraigned as respondent Nos.1 to 4 in the aforesaid D.V.C.

Sri G.Satyanarayana Yadav, learned counsel for the petitioners, while submitting that the de facto complainant has also filed M.C.No.4 of 2016 on the file of the Judge, Family Court, Nalgonda against petitioner No.1, and also Crime No.122 of 2015 of WPS, Nalgonda, for the offence under Section 498-A IPC, which was also registered against the petitioners on the complaint made by the de facto complainant, would submit that it is causing hardship to the petitioners to attend the Court of the Judicial First Class Magistrate, Nalgonda, as they are residing at Nomula Village of Nakrekal Mandal, which is situated at 40 kms away from Nalgonda, and eking out livelihood by doing agriculture and are cardholders under 'Upadhi Pathakam', and, as such, requests to exempt the presence of the petitioners before the Court below in the aforesaid DVC.

In view of the submissions of the learned counsel, to the extent of petitioner Nos.2 to 4, their presence before the Court below in the said DVC can be exempted, but, so far as petitioner No.1 is concerned, the request of learned counsel for the petitioners cannot be acceded to.

Hence, the Criminal Petition is dismissed exempting the presence of petitioner Nos.2 to 4 before the Court of Judicial First Class Magistrate-cum-Special Mobile Court, Nalgonda, in DVC.No.1 of 2016. However, as and when the learned Magistrate directs in case their presence is required, they shall attend the said Court. Miscellaneous Petitions, if any, pending in this petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J February 17, 2017.

Note: Issue CC by 20.02.2017 B/o v v