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High Court for State of TelanganaCRLP/3166/2016disposed of no costs

Mary Praveena (Gandipudi Mary Praveena) v. The State Of Andhra Pradesh,

2016-03-11Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3166 OF 2016 ORDER:

The petitioner-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.75 of 2016 on the file of the I-Additional Judicial Magistrate of First Class, Kadapa, YSR Kadapa District.

Heard and perused the material available on record. The offences alleged against the petitioner are punishable under Sections 498-A, 506 and 509 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 petitioner and other accused. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner. At this stage, learned counsel for the petitioner submitted that the petitioner is the sister-in-law of the de facto complainant and that on the date of complaint also, the petitioner was residing in U.K. along with her husband.

In any event, considering the nature of allegations wherein the question of identity of the petitioner does not arise, presence of the petitioner before the trial Court is dispensed with. However, the petitioner is directed to represent her case through A1 (who is the husband of the de facto complainant) and also represent through her advocate on all hearing dates, including answering the charges and filing her statements for the examination under Sections 313 Cr.P.C. 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