Patloori Kistaiah, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI CRIMINAL PETITION No.5530 of 2017 ORDER:

This criminal petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the respondents 2 to 7 in D.V.C.No.3 of 2017 on the file of the Court of the learned Judicial Magistrate of First Class, Medak, requesting to quash the proceedings in the afore-sated DVC against them. I have heard the submissions of Sri T.V. Ramana Rao, learned counsel for the petitioners-R2 to R7 and of the learned Public Prosecutor (TG) representing the 1st respondent-State at the stage of admission. I have perused the material record.

At the hearing, learned counsel for the petitioners submits that in view of the settled legal position, the presence of the petitioners-R2 to R7 on every date of adjournment in the afore-stated DVC before the trial Court may be dispensed with. He submits that the petitioners undertake to appear before the trial Court in the above said DVC as and when necessary and as and when directed. He brings to the notice of the Court that this Court is granting similar reliefs in similar cases with identical facts. He placed on record, a copy of the order, dated 04.04.2017, of this Court in Crl.P.No2737 of 2017. Having regard to the facts and submissions, this Court is of the considered view that this petition can be disposed of with appropriate observations and directions.

Accordingly, the Criminal Petition is disposed of dispensing with the appearance of the petitioners-R2 to R7 before the trial Court in D.V.C.No.3 of 2017, subject to the condition that they shall appear before the said Court as and when directed and as and when necessary. It is made clear that in view of the orders of this Court dispensing with the presence of the petitioners-R2 to

R7 before the trial court in the afore-stated DVC, the 1st respondent in the DVC shall take appropriate steps as envisaged in the provision of Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990, and seek permission of the trial Court to represent the other respondents 2 to 7 in the afore-said D.V.C, after securing written authorisations from them. It is also made clear that if any such application is filed by the 1st respondent, the same shall be considered appropriately by the trial Court.

Miscellaneous petitions pending, if any, shall stand closed. ____________________ M.SEETHARAMA MURTI, J 12.07.2017 Vjl