D.Satyanarayana v. Devulapally Mamatha

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.9498 of 2015 ORDER:

The petitioners, who are A-2 to A-7, seek to quash the proceedings initiated against them in C.C.No.114 of 2015 on the file of the VIII-Metropolitan Magistrate, Rajendranagar, Cyberabad, registered for the offences punishable under Sections 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. On a complaint filed by the 1st respondent herein, a case in Crime No.371 of 2014 was registered against the petitioners and another by the Police, Mailardevpally Police Station, Cyberabad for the aforesaid offences and took up investigation. Eventually, after completion of investigation, the Sub Inspector of Police, Mailardevpally Police Station, Cyberabad, filed charge sheet against the accused under the aforesaid offences and the same was taken on file as C.C.No.114 of 2015.

Heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor, representing the State. A perusal of the allegations in the charge sheet as well as statements of witnesses would clearly reveal a prima facie case against the petitioners herein for the aforesaid offences. The truth or otherwise of the allegations cannot be gone into in this petition and it can only be decided during the course of trial. Therefore, I see no reason to interfere with the matter at this stage by quashing the proceedings against the petitioners. Instead it is better to allow the trial in the case to be expedited.

For the aforesaid reasons, the Criminal Petition is dismissed. However, the trial Court is directed to proceed with the trial of the aforesaid Calendar Case expeditiously without insisting the presence of the petitioners-A2 to A7 on every date of hearing unless it feels that

their presence is required for any specific purpose. Miscellaneous petitions, if any, pending shall stand closed. _________________ M.S.K.JAISWAL, J 09-10-2015 Gsn