Barigela Sunil Kumar v. The State Of A.P.,

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5096 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/ accused in P.R.C.No.4 of 2016 on the file of Judicial Magistrate of First Class, Nandyal, Kurnool District, arising out of Crime No.26 of 2015 of Nandyal III Town Police Station, registered for the offences punishable under Sections 323, 498 A, 307 read with Section 34 IPC.

Heard and perused the material The offences alleged against the petitioners are punishable under Sections 323 498 A 307 IPC and Sections 3 and 4 of Dowry Prohibition Act. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioners and other accused. A reading of charge sheet also reveals some allegations against the petitioners, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners 2 to 6 herein before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and also on the date of pronouncement of judgment. However, the first petitioner herein shall present before the Court on all the dates of hearing on his behalf and on behalf of the other accused also properly represented through their counsel

before the trial Court.

Accordingly, the criminal petition is disposed of.

Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 11-04-2016 Ksn