Smt.Thotasarada v. Thumuhimabindu

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11031 of 2016 ORDER:

This criminal petition is filed by the petitioner/A.3 under Section 482 Cr.P.C. to quash the proceedings in C.C.No.1047 of 2016 on the file of the XIX Metropolitan Magistrate, Cyberabad at Miyapur.

Heard learned counsel appearing for the petitioner/A.3 and learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 1st respondent/de facto complainant made a complaint against the petitioner/A.3 and others under Sections 498A, 406 and 420 IPC and Sections 3 and 4 of Dowry Prohibition Act. It further appears that on the basis of the said complaint, a specific police case was initiated, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

From a perusal of the record, it cannot be said that there is no material proceed against the petitioner/A.3. In that view of the matter, the criminal petition is

disposed of directing the learned Magistrate to proceed with the trial in C.C.No.1047 of 2016 and dispose of it, without insisting for the presence of petitioner/A.3 on each and every adjournment, unless it feels that her presence is necessary for any specific purpose.

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

__________________ M.S.K.JAISWAL, J 29th July 2016 mar