Maj Devesh Jayant Joshi v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2271 OF 2017 ORDER:

The present Criminal Petition is filed requesting to quash the proceedings in C.C. No.1543 of 2015 on the file of II Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District, arising out of Crime No.500 of 2014, dated 16.08.2014, of Meerpet Police Station, Cyberabad District, by exercising the power under Section 482 of the Code of Criminal Procedure, 1973.

2. The petitioners viz., Maj. Devesh Jayant Joshi, Smt. Ulka Jayant Joshi, Maj. Jayant Shankar Joshi and Miss Saloni Jayant Joshi, who are arraigned as accused Nos.1 to 4 respectively, alleged to have committed the offences punishable under Sections 498-A, 323, 324, 376, 406, 420, 506 and 509 of Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of Dowry Prohibition Act, 1961,

3. Sri S.R. Sanku, learned counsel for the petitioners, while not pressing the relief of quashment of the proceedings, requests to exempt appearance of petitioner Nos.2 to 4. He would also submit that so far as jurisdiction issue is concerned, it would be agitated before the trial Court at an appropriate stage.

ASN,J Crl.P. No.2271 of 2017

4. A cursory glance at the accusations levelled would make this Court not to accede even to the alternative relief sought for, so far as petitioner Nos.2 and 3 are concerned. Keeping in view, that petitioner No.4 is prosecuting studies at New Delhi, as stated by the learned counsel for the petitioners, her appearance before the trial Court is exempted with a direction that she shall appear before the trial Court at the time of her examination under Sections 239 and 313 of Cr.P.C.

5. With the above direction, the Criminal Petition is dismissed, at the admission stage itself.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand disposed of.

_________________________ March 17, 2017.

A. SHANKAR NARAYANA PV