Katna Sathyanarayana, v. State Of Telangana,
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO. 8260 of 2017 ORDER :
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash C.C.No.483 of 2017 on the file of the Judicial First Class Magistrate at Parigi, Ranga Reddy District. The charge sheet came to be filed against the petitioners and others for the offences punishable under Sections 494, 496, 506 read with Section 34 of IPC and Sections 9 and 10 of Child Marriage Act.
Though various grounds are raised, the learned counsel for the petitioners restricts his prayer seeking a direction to the trial Court not to insist on the presence of the petitioners on every date of adjournments and that they are the parents to the second wife of A1. It is further stated that there is no dispute with regard to the identity of the petitioners. The same is not disputed by the learned Additional Public Prosecutor.
In Raj esh Sharma Vs.
St at e of Ut t ar Pradesh (Crl.A.No.1265 of 2013), the Apex Court, while dealing with matrimonial offences, observed as under:
"19(i) to vi....
vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance
by video conferencing without adversely affecting progress of the trial."
Having regard to the circumstances stated above; in view of the judgment referred to above and taking into consideration the plea made, the presence of the petitioners who are A4 and A5 in C.C.No.483 of 2017 on the file of the Judicial First Class Magistrate at Parigi, Ranga Reddy District, is dispensed with except on the dates when their presence is specifically required by the trial Court. Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any pending, shall stand closed.
_________________________ JUSTICE C. PRAVEEN KUMAR 19.09.2017 vhb