Md Rahimtulla, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7504 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A2 to A9 seeking to quash the proceedings in C.C.No.108 of 2016 on the file of Judicial First Class Magistrate, Salur, registered for the offences punishable under Sections 498-A, 417, 420, 406, 506 IPC and under Sections 3,4 and 6(2) of Dowry Prohibition Act, 1961, against them.

2.

It is alleged in the charge sheet that A1, at the instigation of petitioners/A2 to A9, used to harass his wife, i.e., second respondent herein, mentally and physically by demanding additional dowry of Rs.10 lakhs. The accused also committed theft of 30 tulas of gold, cash Rs.80,000/- and ATM card from the almirah.

3. Heard and perused the material on record.

4. In view of the serious allegations against the accused, this is not a fit case where the proceedings against them can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to proceed with the trial of aforesaid CC, without insisting the presence of petitioner Nos.2 to 8/A3 to A9, except the 1st petitioner/A2, for each and every date of adjournment, unless it feels that their presence is necessary for any specific purpose.

5. With the above direction, the Criminal Petition is disposed of. The Criminal Petition is dismissed against the 1st petitioner/A2. Miscellaneous applications, if any, pending in this petition shall stand closed.

________________ M.S.K.JAISWAL,J 6th June, 2016 sj