Mohd. Nawazuddin v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10999 OF 2015 ORDER:

This Criminal Petition is filed by the accused No.1 under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.83 of 2014 pending on the file of VIII Additional Chief Metropolitan Magistrate at Hyderabad for the offences under Sections 498-A, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act.

The grounds now raised by the learned counsel for the petitioner for quashing the impugned proceedings are all disputed questions of facts which can be adjudicated by the trial Court only after full-fledged trial. Hence, this Court is not inclined to interfere with the impugned proceedings. The petitioner is at liberty to file a discharge application and the trial Court is directed to consider and dispose of the same in accordance with law. Now, the learned counsel for the petitioner prays this Court to dispense with the presence of the petitioner before the trial Court. Being the offence alleged against the petitioner under Section 498-A IPC, the question of his identity before the trial Court does not arise.

In the circumstances, the presence of the petitioner before the trial Court is dispensed with except on the dates so specifically the trial Court insists for his appearance. The petitioner is directed to be represented by a counsel on all hearing dates.

The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

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JUSTICE RAJA ELANGO 04.04.2016 Tsr