Smt. Karne Dathu Bai v. The State Of Telangana.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9986 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/A2 to A6 under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.235 of 2015 on the file of XIV Metropolitan Magistrate, Cyberabad, L.B.Nagar, where the learned Magistrate has taken cognizance for the offence punishable under Sections 498-A I.P.C and 3 and 4 of the Dowry Prohibition Act. Heard the learned counsel for the petitioners and the learned Public Prosecutor for the State before notice to respondent No.2 and before admission.

Perused the material on record. As the material falls short for this Court to admit the application, this criminal petition is disposed of giving liberty to the petitioners to file application under Section 239 Cr.P.C. before the learned Magistrate concerned if no grounds to frame charge under Section 240 Cr.P.C. in such an event the learned Magistrate shall hear and pass appropriate orders on own merits from the prosecution material vide State of Orissa v. Debendranath Padhi[1]. In the event of framing of charges, further remedies are left open. Needless to say, if the petitioners file an application under Section 37 of Criminal Rules of Practice for one to represent others, the learned Magistrate shall hear and permit the same with necessary conditions of personal appearance, as and when required.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:28-10-2015 pab [1] (2005)1 SCC 568