Mohd. Shoeb Ali Arshad v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2035 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.1 to 5 seeking to quash the proceedings in F.I.R.No.283 of 2015 of Zaheerabad Town Police Station vide C.C.No.581 of 2015 on the file of Judicial First Class Magistrate at Zaheerabad, registered for the offences under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.

Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.

On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners 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 against the petitioner Nos.2 to 5 - accused Nos.2 to 5, presence of the petitioner Nos.2 to 5 - accused Nos.2 to 5 before the trial Court is dispensed with except on the dates on which the learned trial Judge insists for the appearance. However, the petitioner Nos.2 to 5 - accused Nos.2 to 5 shall be properly represented through their counsel before the trial Court. Considering the

nature of allegations against petitioner No.1 - accused No.1, this court is not inclined to grant any relief to the petitioner No.1 - accused No.1 in this Criminal Petition and accordingly the Criminal Petition is dismissed as far as petitioner No.1 - accused No.1 is concerned.

Accordingly, the Criminal Petition is partly allowed. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

_______________________ JUSTICE RAJA ELANGO 18-02-2016 skmr