P. Purushotham v. State Of Ap.,

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.956 OF 2018 ORDER:

This petition is filed by the petitioners-A2 to A6 under Section 482 Cr.P.C. to quash the proceedings in C.C.No.325 of 2017 on the file of the VII Addl. Judl. Magistrate of I Class, Rajamahendravaram, East Godavari District, which took cognizance of the offences punishable under Sections 498-A IPC and 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioners, learned Assistant Public Prosecutor representing the State and perused the record.

3.

Learned counsel for the petitioners would submit that there are no allegations in the F.I.R. as well as in the charge sheet filed against the petitioners constituting the offences referred above and ultimately, prayed to allow the petition.

4.

On the other hand, learned Assistant Public Prosecutor opposed the relief sought for by the petitioners in the petition.

5.

There are allegations in the F.I.R. and also charge sheet filed against the petitioners alleging mental and physical torture to the de facto complainant and also demand of additional dowry. There are specific allegations against all the petitioners constituting the offences referred supra. The innocence or otherwise of the petitioners is required to be determined after due trial.

6.

At this stage, learned counsel for the petitioners seeks indulgence of this Court to dispense with the personal

attendance of the petitioners-A2 to A6 before the trial Court. The petitioners-A2 to A6 as and when they choose to do so depending upon the circumstances, file an application under Section 317 Cr.P.C. for their dispensation and on filing such an application, the trial Court may consider the same in accordance with law.

7.

With the above observation, the Criminal Petition is dismissed. Miscellaneous petitions, if any pending in this Criminal Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 31-01-2018.

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