Mohammed Firasath v. The State Of Telangana
HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6240 of 2017 ORDER:
The petitioners are A.1 to A.5 of C.C.No.174 of 2017 on the file of I Additional Judicial First Class Magistrate, Khammam, where the learned Magistrate taken cognizance for the offences punishable under Sections 498-A & 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, which is outcome of crime No.92 of 2016, on the report of the 2nd respondent-defacto complainant. The police after investigation filed final report and the learned Magistrate taken cognizance for the offence. At the post cognizance stage, the quash petition is filed. The petitioners can raise all these contentions before the trial Court at the stage of hearing before charges, if necessary by filing application under Section 239 Cr.P.C.
and it is also left open to file application under Rule 37 of the Criminal Rules of Practice to consider after hearing for one to represent others. In view of the order of this court dated 31.07.2017 in Crl.P.No.6493 of 2017 relying upon the latest two Judge Bench expression of the Apex Court dated 27.07.2017 in Crl.A.1265 of 2017 (SLP (Crl.) No.2013 of 2017 in Rajesh Sharma & Others Vs. State of U.P. & Another), the matter requires to be referred by the learned trial Magistrate to the Committee to be constituted for report to consider any reconciliation and settlement and if it is not settled, then to proceed with trial on merits. Accordingly and in the result, the Criminal Petition is disposed of.
Dr.SSRB,J wants to go abroad, he has to move the trial Court to permit to represent him through special vakalath holder and also obtain permission of the learned Magistrate as contemplated by Section 6(2)(f) of the Indian Passport Act vide decision of this Court in Mohd. Fayasuddin Vs. State of Telangana in Crl.R.C.No.3186 of 2016 dated 08.02.2017.
Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 28.08.2017 ska