Garlapati Hanumantharao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10839 of 2016 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioners/A.2 to A.6 seeking to quash the proceedings in C.C.No.372 of 2015 on the file of Additional Munsif Magistrate, Kandukur, registered for the offence punishable under Section 498-A IPC and Section 4 of Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioners/A.2 to A.6 and learned Additional Public Prosecutor representing the State.

3. It appears from the complaint that the 2nd respondent/ de facto complainant made certain allegations against the petitioners/A.2 to A.6 and others. It further appears that on the basis of the said complaint, police registered a case, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

4. From a perusal of the record, it cannot be said that there is no material to proceed against the petitioners/A. 2 to A.6.

5. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.372 of 2015 without insisting for the presence of petitioners/A.2 to A.6 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. However, Accused No.1 shall appear before the trial Court during trial. Further more, the learned Magistrate is also directed to dispose of C.C. No.372 of 2015 on the file of Additional Munsif Magistrate, Kandukur, within a period of six

(06) months from today.

Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J JULY 26, 2016 YVL