Shaik Mohammad Gouse v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1865 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.551 of 2015 on the file of the VI Additional Junior Civil Judge, Guntur, arising out of offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

Heard and perused the material available on record. Admittedly the case is arising out of matrimonial disputes. This Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, as the case is arising out of matrimonial dispute, the question of identity of the petitioners does not arise, and as such, the presence of the petitioners 3 to 7/A.3 to A.7 before the trial Court is dispensed with except on the dates when the trial Court insists for their appearance. The petitioners 3 to 7/A.3 to A.7 are directed to be represented by their counsel before the Court below on all hearing dates. However, the petitioners 1 and 2/A.1 and A.2 are directed to appear before the Court below on all hearing dates. The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 16.02.2016 pln