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High Court for State of TelanganaCRLP/13366/2016disposed of no costs

S. Ansar Basha v. The State Of Andhra Pradesh,

2016-09-20M.S.K.Jaiswal1 pages

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.13366 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/respondents 1 to 6 seeking to quash the proceedings in DVC No.12 of 2016 on the file of Judicial First Class Magistrate, Hindupur, against them.

2.

Heard learned counsel for the petitioners/R1 to R6 and learned Additional Public Prosecutor representing the State. 3.

It is alleged in the complaint that the 1st petitioner/R1, at the instigation of petitioners 2 to 6/R2 to R6, used to harass his wife, i.e., 2nd respondent herein, mentally and physically by demanding additional dowry and subjected her to domestic violence.

4.

Perusal of the complaint shows that there are serious allegations against the petitioners/respondents 1 to 6. Therefore, this is not a fit case where the proceedings against them can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to proceed with the trial without insisting the presence of petitioner Nos.2 to 6/R2 to R6, except the first petitioner/R1, for each and every date of adjournment, unless it feels that their presence is necessary for any specific purpose.

5.

With the above direction, the Criminal Petition is disposed of in respect of petitioners 2 to 6/R2 to R6. The Criminal Petition is dismissed against the first petitioner/R1. Miscellaneous applications, if any, pending in this petition shall stand closed.

_______________ M.S.K.JAISWAL,J 20th September, 2016 sj