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High Court for State of TelanganaCRLP/7917/2016disposed of no costs

Paruchuri Hari Babu v. State Of Andhra Pradesh,

2016-06-10M.S.K.Jaiswal2 pages

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.7917 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner Nos.1 to 4/accused Nos.4 to 7 seeking to quash the C.C.No.5 of 2012 on the file of the Additional Judicial Magistrate of First Class, Giddalur, Prakasam District, for the offences under Section 498A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.

On a perusal of the charge sheet, 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, considering the nature of allegations against petitioner Nos.2 to 4 - accused Nos.5 to 7, presence of the petitioner Nos.2 to 4 - accused Nos.5 to 7 before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment. Considering the nature of allegations against petitioner No.1 - accused No.4, this Court is not inclined to grant any relief to him in this Criminal Petition and the Criminal Petition is dismissed as far as petitioner No.1 - accused No.4 is

concerned.

Accordingly, the Criminal Petition is disposed of. The learned Additional Judicial Magistrate of First Class, Giddalur is directed to dispose of the C.C.No.5 of 2012 as expeditiously as possible, preferably within a period of six months from today. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

_______________________ JUSTICE M.S.K.JAISWAL 10.06.2016 skmr