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High Court for State of TelanganaCRLP/4690/2016disposed of no costs

Mrs. Roshin Tak v. The State Of Telangana.,Rep.,Pp

2016-04-04Raja Elango1 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4690 OF 2016 ORDER:

The petitioners-A2 to A5 preferred the present Criminal Petition by invoking the provision under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') seeking to quash the proceedings in C.C.No.13 of 2014 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad.

Heard and perused the material available on record. The offence alleged against the petitioner is punishable under Section 498-A IPC. 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 before the trial Court is dispensed with except on the dates of framing of charges, if any, examination under Section 313 Cr.P.C., and also on the date of pronouncement of judgment. The petitioners shall be properly represented through their counsel before the trial Court. Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending, if any, shall stand closed. ______________ RAJA ELANGO, J April 04, 2016.

KTL