Shaik Abdul Khadar, v. The State Of A.P.

THE HONOURABLE SMT JUSTICE ANIS CRIMINAL PETITION No.14121 of 2016

ORDER

This petition is filed challenging the order dated 25.01.2016 passed in Crl.M.P.No.1153 of 2015 in C.C.No.690 of 2015 by the learned Chief Metropolitan Magistrate, Vijayawada. 2.

The petitioners/A1 to A3 are involved in C.C.No.690 of 2015 registered for the offence punishable under Section 420 IPC and under Section 4 of Dowry Prohibition Act, 1961. They filed the impugned application seeking to discharge them from the present case. By the order impugned, the said petition was dismissed. Hence, they filed the present criminal petition. 3.

Learned counsel for the petitioners argued that the second respondent caused wrongful loss to the petitioners and filed this false complaint against them and that the learned Magistrate erroneously passed the impugned order without considering the evidence produced by the petitioners.

4.

On the other hand, learned Additional Public Prosecutor contended that there are serious allegations against the petitioners and he opposed for grant of relief to the petitioners. 5.

In view of the allegations against the petitioners/A1 to A3 in the charge sheet, this Court cannot interfere with the proceedings in C.C.No.690 of 2015. However, in view of the request made by

ANIS,J Crl.P.14121 of 2016 learned counsel for petitioners, the presence of petitioners/A1 to A3 before the trial Court can be dispensed with.

6. In the result, the Criminal Petition is disposed of dispensing with the personal appearance of petitioners/A1 to A3 in C.C.No.690 of 2015 on the file of Chief Metropolitan Magistrate, Vijayawada. However, they shall appear before the trial Court as and when directed by the trial Court.

Miscellaneous applications, if any, pending in this criminal petition shall stand closed.

_______ ANIS,J 29th September, 2016 sj