Devulapally Sri Sailam , Sreenu R.R.Dist. And 2 Othrs v. P.P. Hyd And Ano

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3718 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/A-2, A-6 and A-8 seeking to quash the proceedings in S.C.No.131 of 2015 on the file of the V Additional District Judge, Bhongir, Nalgonda District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioners are punishable under Sections 304-B, 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

4. Learned counsel for the petitioners contended that the petitioners are residing away from the house of the deceased, who is the daughter of the de facto complainant, and they are no way connected with the death of the deceased and hence, prays to quash the proceedings in the aforementioned case.

5. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the police filed charge sheet against the petitioners.

A reading of the charge sheet also reveals some allegations against the petitioners, truth of which can be ascertained only after due trial. The point raised by the learned counsel for the petitioner has to be adjudicated before the trial Court and this Court cannot decide the issue by conducting any enquiry or trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

6. After arguing for sometime, learned counsel for the petitioners while not pressing for the main prayer, confined his arguments only to

the extent of dispensing with the presence of the petitioners before the trial Court.

7. Considering the facts and circumstances of the case and in view of the submission of the learned counsel, the presence of the petitioners/A-2, A-6 and A-8 before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for their appearance. The petitioners shall be properly represented through their counsel before the trial Court.

8. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed. _________________________ JUSTICE RAJA ELANGO 17.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.3718 OF 2016 Date: 17.3.2016 AMD