Smt Y.Sharvani v. Smt.Kaduduram Rekha

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10928 of 2016 ORDER :

This criminal petition is filed by petitioners/A.1 to A.3 under Section 482 Cr.P.C. to quash the proceedings in P.R.C.No.28 of 2016 on the file of the VII Metropolitan Magistrate, Hayatnagar, Ranga Reddy District, registered for the offences punishable under Section 420 IPC and Section 3(1)(vii) of Scheduled Castes and Scheduled Tribunes (Prevention of Atrocities) Act.

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, representing the State.

The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet.

Therefore, in the facts and circumstances of the case and as requested by the learned counsel for the petitioners, this criminal petition is disposed of with the following directions.

1. The Court below is directed to proceed with the process of committal of the above P.R.C., however, without insisting for the presence of the petitioners/A.1 to A.3 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. It is made clear that the

petitioners/A.1 to A.3 shall appear before the concerned Sessions Court as and when they receive any summons after committal in the above PRC.

2. The petitioners are given liberty to avail the remedies under Cr.P.C.

including discharge petition.

3. The petitioners are also given liberty to approach this Court in the event of any necessity after the case is committed to the Court of Sessions.

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

__________________ M.S.K.JAISWAL, J 28th July 2016 mar