Phoola Bhatia v. The State Of Telangana.

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2329 OF 2016 ORDER:

This criminal petition is filed by the petitioners-respondents 2 to 5 seeking to quash the proceedings in D.V.C. No.226 of 2014 on the file of the IV Metropolitan Magistrate at Hyderabad.

Heard and perused the material available on record. The 2nd respondent is the wife of the son of petitioners 1 and 2 (respondent No.1 in DVC). She filed the present complaint against the petitioners and her husband seeking certain reliefs under the provisions of the Protection of Women from Domestic Violence Act. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

After arguing for some time, learned counsel for the petitioners while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioners before the trial Court.

In view of the same and also considering the nature of allegations wherein the question of identity of the petitioners does not arise, the presence of the petitioners is dispensed with before the trial Court, except on the dates on which the learned trial Judge insists for their presence. The husband of the 2nd respondent i.e. 1st respondent in DVC No.226 of 2014 shall appear before the trial Court on all hearing dates and also represent on behalf of the petitioners. The petitioners shall be properly represented through their counsel before the trial Court. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. ______________ RAJA ELANGO, J February 24, 2016.

KTL