Gajarla Ashok Kumar, v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11600 OF 2022 Between:

1. Gajarla Ashok Kumar S/o Venkatesham, Aged about 65 years, Occ. Rtd. Lecturer, Ryo 2-3-93, Bhoiwada, Karimangar, Karimangar District.

2. Gajarala Anuradha W/o Ashok Kumar, Aged about 55 years, Occ. Housewife, F/o 2-3-93, Bhoiwada, Karimangar, Karimangar District. ...PETITIONERS/RESPONDENTS No. 2 & 3 AND

1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

Gajarla @ Gade Nethra Wo Gajarla Arun Kumar, Aged about 26 years, Occ. Household, Rl/o H.No. 10-56111118, Hanuman Nagar, CPI Office Road, Husnabad town and Mandal, Siddipet Diskict.

...RESPONDENTS/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the DVC. No. 14 OF 2022 on the file of the learned Judicial First Class Magistrate at Husnabad against the petitioners / Respondents No. 2 &3.

l.A. NO: 2OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitionersi respoMents No. 2 & 3 in pursuance of DVC. No. 14 OF 2022 on the file of the learned Judicial First Class Magistrate at Husnabad, pending disposal of the main Crl.P.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ANIRUDH IHIMMARAJU, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER

Crl.Petition No.11600 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETTTIO No.115OO OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners who are accused Nos.2 and 3 to quash the proceedings against them in D.V.C.No.14 of 2022 pending on the file of Metropolitan Magistrate at Husnabad.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3. A perusal of record would reveal that, the marriage of 2nd respondent with the respondent No.1 was performed on 13.06.2021 and * i thereafter matrimonial disputes arose between them. I I 4.

Learned counsel for the petitioners confines his prayer to dispense with the personal appearance of the petitioners before the trial Court as they are facing difficulty in attending the Court on every date of hearing.

5. In view of the aforesaid submission, the attendance of the petitioners herein - respondent Nos. 2 and 3 is dispensed with in D.V.C.No.14 of 2022 pending on the file of Metropolitan Magistrate at Husnabad, when represented by their-counsel on record. The attendance

Crl.Petition No.l16OO oI m22 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. However, the petitioners shall appear before the learned Magistrate as and when their preserrce is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled. 6.

Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it off on merits.

Miscellaneous applications pending, if any, shall stand closed. Sd/. G. SIREESHA ASSISTANT REGISTRAR i.\ SECTION OFFICER I //TRUE COPY// To, 1 . The Judicial First Class Magistrate at Husnabad

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

3. One CC to SRl. ANIRUDH THIMMARAJU Advocate [OPUC]

4. Two CD Copies VH g\k

HIGH COURT DATED: 2311212022 1 g 9TAi5 ( e

ORDER

oo 2 x l[[ ?s.1 CRLP.No.11600 OF 2022 .):

DISPOSING THE CRIM!NAL PETITION .i"-'";"