D.Venata Swamy v. Smt. D. Padma

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10031 of 2014 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioners/A.1 to A.4 seeking to quash the proceedings in C.C.No.307 of 2014 on the file of II Additional Judicial Magistrate of First Class, Nizamabad District, registered for the offences punishable under Sections 498-A and 506 IPC.

2. Heard learned counsel for the petitioners/A.1 to A.4 and learned Additional Public Prosecutor representing the State.

3. It appears from the complaint that the 1st respondent/ de facto complainant made a specific complaint against the petitioners under Sections 498-A and 506 IPC. It further appears that on the basis of the said complaint, police registered a case, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

4. From a perusal of the record it cannot be said that there is no material to proceed against the petitioners/A. 1 to A.4.

5. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.307 of 2014 without insisting for the presence of petitioner Nos.2 to 4/A.2 to A.4 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. However, petitioner No.1/Accused No.1 shall appear before the trial Court during trial. Further more, the learned Magistrate is also directed to dispose of C.C. No.307 of 2014 on the file of II Additional Judicial Magistrate of

First Class, Nizamabad District, within a period of six (06) months from today.

Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL,J Date: 11.07.2016 YVL