Gade Govindamma v. The State Of A.P.,Rep.,Pp

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2415 OF 2016 ORDER:

Petitioners-A.2 to A.4 approach this Court with a prayer to quash the proceedings in P.R.C.No.16 of 2015 on the file of the Special Magistrate of First Class, Excise Court, Ongole, Prakasam District. Heard.

The offence alleged against the petitioner is punishable under Section 498 A and Sections 3 and 4 of Dowry Prohibition Act. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioner. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

In any event, considering the nature of allegations wherein the question of identity of the petitioner/A.2 to A.4 does not arise, presence of the petitioner before the trial Court is dispensed with except on the dates of framing of charges and examination under Section 313 Cr.P.C. However, the petitioner shall be properly represented through his counsel before the trial Court.

Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending in this petition, if any, shall stand closed.

___________________ JUSTICE RAJA ELANGO Date: 25.02.2016 ktl