Mattada Joseph John v. Mattada Vijayamma

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.8192 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, is filed seeking to quash the proceedings in C.C.No.337 of 2011 on the file of the II Additional Judicial First Class Magistrate, Khammam, for the offences punishable under Section 498-A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor.

Though various grounds are raised in the Criminal Petition, the learned counsel for the petitioners restricts his prayer seeking dispensation of presence of the petitioners before the trial Court. The same is not seriously disputed by the learned APP. Having regard to the same and in view of the judgment of the Supreme Court in Rajesh Sharma vs. State of U.P. & another1 the Criminal Petition is disposed of dispensing with the presence of petitioners i.e. accused Nos.1 to 3 before the trial Court, except on the dates when their presence is required by the trial Court. Accused shall not complain of any orders being passed by the trial Court in their absence, as they shall be duly represented by their counsel.

Consequently, miscellaneous petitions pending in this petition, if any, shall stand closed. No order as to costs. _____________________________ JUSTICE C. PRAVEEN KUMAR 21.09.2017 sur 1 2017 (2) LS 68 (S.C.)