High Court for State of TelanganaCRLP/11876/2013allowed no costs

Smt.Srilatha v. The State Of Ap.,

2015-09-09Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11876 OF 2013 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners, claiming A.3 and A.4, seeking to quash the charge sheet in C.C.No.674 of 2013 on the file of the Hon'ble XIII Metropolitan Magistrate at L.B.Nagar, Cyberabad, against the petitioners herein, registered for the offences under Sections 498-A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Heard and perused the material available on the record. On reading the entire material available before this Court, this Court is of the view that the charge sheet is not filed against the petitioners herein. In the charge sheet filed in C.C.No.674 of 2013 on the file of the XIII Metropolitan Magistrate at L.B.Nagar, Cyberabad, it is stated that A.3 and A.4 are absconding and supplementary charge sheet will be filed against them.

The relevant portion in the said charge sheet is as follows. "However, all possible efforts are being continued for apprehension of the absconding accused persons A.3, Smt.Srilatha and A.4, Smt.Premalatha. Whenever arresting them a supplementary charge sheet will be filing before the Hon'ble Court."

Hence, this Court is of the view that there is nothing to interfere with the proceedings in C.C.No.674 of 2013 on the file of the XIII Metropolitan Magistrate at L.B.Nagar, Cyberabad, pending against A.1 and A.2. Learned counsel for the petitioners submits that there is every possibility of arrest of the petitioners herein on their arrival to India. Considering the said apprehension, the respondent/police is directed to complete the investigation, if any, without arresting the petitioners herein and to file final report, if any. If any such report is filed by the respondent/police and if the petitioners are aggrieved over the same, the petitioners are at liberty to challenge the same in accordance with law. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 09.09.2015 pln