Mohd. Muzaffar Mohiuddin v. The State Of Telangaa

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.P.No.16511 OF 2016 ORDER:

Heard.

This criminal petition is filed under Section 482 of Cr.P.C to quash the proceedings in C.C.No.164 of 2013 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offence punishable under Section 498-A I.P.C. The petitioners are A2 and A3 in the above case. The 1st petitioner is the father-in-law and the 2nd petitioner is the sister-in-law of the 2nd respondent.

The case of the petitioners is that they are no way concerned with the offence and that there are no specific allegations made in the charge sheet against the petitioners. However, during hearing Sri Shaik Saifullah, counsel for the petitioners requested this Court to pass an order dispensing with the appearance of the petitioners before the learned Magistrate without raising any specific contention. But it is not proper to pass such an order by this Court while exercising jurisdiction under Section 482 Cr.P.C. since that was not the relief claimed in the petition. However, the petitioners are permitted to file appropriate application before the learned Magistrate under Section 205 Cr.P.C after serving notice on the 2nd respondent and on filing such application learned Magistrate is directed to decide the application on the same day.

With the above observations, the criminal petition is disposed of at the stage of admission, without touching the merits in view of the specific request.

Pending miscellaneous petitions in the petition, if any, shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY,J 05.12.2016 kvrm