Peram Sambasivarao v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1766 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.2, 3, 5 and 6 seeking to quash the proceedings against them in FIR No.15 of 2014 on the file of the Police Station, CID, Hyderabad, registered for the offence punishable under Sections 498-A, 406, 403, 424, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act.

Heard.

While arguing the matter, the learned Counsel for the petitioners brought to the notice of this Court that the petitioners obtained anticipatory bail. It is submitted that even though anticipatory bail was obtained by the petitioners, as there was no condition, the Court below is insisting for appearance of the petitioners on every date of hearing, and that the charge sheet has not yet been filed.

Considering the facts and circumstances of the case, this Court is of the view that the procedure followed by the Court below insisting the appearance of the petitioners during the pendency of the investigation is not in accordance with law. The petitioners need not appear before the Court below during the pendency of the investigation. Hence, the presence of the petitioners before the Court below is dispensed with till filing of the charge sheet. If any charge sheet is filed against the petitioners, they are at liberty to move the Court below to dispense with their presence since their identity is not in question before the Court below.

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

____________________ JUSTICE RAJA ELANGO Date: 15.02.2016 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.1766 OF 2016 15.2.2016 NN