Smt.K.Rasamma v. Smt.K.Saroja

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.10492 of 2016 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.391 of 2015 on the file of the IV Additional Judicial Magistrate of First Class, Tirupati, Chittoor District, registered against the petitioners/A-1 to A-3, for the offences punishable under Sections 447, 427, 323 and 506 r/w.34 IPC.

Heard the learned counsel appearing for the petitioners/A-1 to A-3 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made in the complaint against the petitioners. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the learned Magistrate to proceed with the trial and dispose of C.C.No.391 of 2015 expeditiously, however, without insisting for the presence of petitioner Nos.1 and 2/A-1 and A-2 for each and every adjournment unless it feels that their physical presence is necessary for any specific purpose. Petitioner No.3/A-3 shall

continue to appear during the course of trial. Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________ M.S.K. JAISWAL, J July 20, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.10492 of 2016 July 20, 2016 Pn