M.Manikya Mutu, v. The State Of Telangana,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.4222 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/Accused Nos.2 and 3 under Section 482 Cr.P.C seeking to quash the proceedings in C.C No.147 of 2015 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498-A, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961.

2) Heard learned counsel for the petitioners/ accused Nos.2 and 3 and learned public prosecutor representing the 1st respondent-state before admission and before ordering any notice to the 2nd respondent-de facto complainant. Perused the material on record.

3 ) As the material falls short to the admit the application filed under Section 482 Cr.P.C, the same is disposed of giving liberty to the petitioners to file an application under Section 239 Cr.P.C before the learned Magistrate to hear and consider only from the Prosecution material vide State of Orissa vs. Debendra Nath Padhi[1]. Needless to say further remedy is left open to the petitioners to file an application under Rule 37 Cr.R.P to permit the petitioners to represent one accused among other accused, for the learned Magistrate shall hear and

consider with necessary conditions. The trial Court shall make every endeavour for early disposal in the event of framing charges.

4 ) Miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.10.07.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.4222 of 2015

Date:10.07.2015 knl [1] AIR 2005 SC 359