Muddhana Nagaraja Kumar v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3159 OF 2016 ORDER:

The petitioners-A2 and A3 preferred the present Criminal Petition by invoking the provision under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') seeking to quash the proceedings in C.C.No.1585 of 2015 on the file of the XIX Metropolitan Magistrate, Kukatpally, Miyapur.

Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 498-A IPC and Section 3 and 4 of the Dowry Prohibition Act. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioners and other accused.

A reading of charge sheet also reveals some allegations against the petitioners, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates of on which the learned trial Judge insists for their appearance. The husband of the de facto complainant (A1) is directed to represent on behalf of the petitioners before the trial Court. However, the petitioners shall be properly represented through their counsel before the trial Court on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending in this petition, if any, shall stand closed.

_____________ RAJA ELANGO, J March 11, 2016.

KTL