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High Court for State of TelanganaCRLP/9232/2015dismissed

A.Sharad v. The State Of Telangana.,Rep.,Pp

2015-10-08M.S.K.Jaiswal2 pages

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.9232 of 2015 ORDER:

The petitioners, who are A-1 to A-5, seek to quash the proceedings initiated against them in C.C.No.350 of 2014 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498-A, 420, 406, 506 read with Section 34 I.P.C. and Sections 4 and 6 of Dowry Prohibition Act.

A private complaint was filed by the 2nd respondent herein against the petitioners-accused for the aforesaid offences before the trial Court and it was referred to the police under Section 156 (3) Cr.P.C. for investigation and report. Thereafter, the Inspector of Police, Women Police Station, Begumpet, Secunderabad, registered the complaint as a case in Crime No.48 of 2014 against the accused for the aforesaid offences and took up investigation. Eventually, after completion of investigation, a charge sheet was laid under the aforesaid offences against the accused in the trial Court and the same was numbered as C.C.No.350 of 2014.

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 would clearly reveal a prima facie case against the petitioners 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

case expeditiously without insisting the presence of the petitionersA2 to A5 only on every date of hearing unless it feels that their presence is required for any specific purpose. However, the 1st petitioner-A1 shall appear before the trial Court on every date of hearing of the case.

Miscellaneous petitions, if any, pending shall stand closed. _________________ M.S.K.JAISWAL, J 08-10-2015 Gsn