Rajneesh Marthur v. The State Of Telangana
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION Nos.3917 and 3925 of 2015 COMMON ORDER :
Criminal Petition No.3917 of is filed by the petitioners/Accused Nos.1 to 4 and Criminal Petition No.3925 of 2015 is filed by the petitioners Accused Nos.1 to 3 under Section 482 Cr.P.C seeking to quash the proceedings respectively in C.C. No.376 of 2012 and 381 of 2014 on the file of XIII Additional Chief Metropolitan Magistrate at Hyderabad. The C.C. No.376 of 2012 was registered for the offences punishable under Sections 498-A, 324, 342 I.P.C and Sections 3 and 4 of the Dowry Prohibition Act read with 34 I.P.C. Whereas the C.C. No.381 of 2014 was registered for the offence punishable under Section 406 I.P.C and Section 6 of the Dowry Prohibition Act.
2) Heard the learned counsel for Petitioners/Accused as well as the 1st respondent-State represented by the Public Prosecutor before admission and before ordering any notice to the 2nd respondent and perused the material on record. On perusal of the material on record falls short to admit both the applications for quashing of the respective criminal cases but for giving liberty to the petitioners to move if there is any material from the prosecution case to consider for discharge by filing a petition under Section 239 Cr.P.C. or otherwise orally before framing of charges under Section 240 Cr.P.C in both the cases and without prejudice to the rights of the parties and are at liberty to file an application under Rule 37 of Criminal Rules of Practice before the learned Magistrate and on such application the learned Magistrate shall hear and permit one of the accused to represent other accused persons in both the cases respectively. Needless to say both the matters may be posted to same day to proceed simultaneously without any inconvenience to both the parties to the lis.
3) With the above observations, both the criminal petitions are
disposed of.
4) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.05th June, 2015 KSH