Y. Babu Rao v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRIMINAL PETITION No.3457 of 2019 ORDER:

This Criminal Petition is filed under Section 482 of the Code of the Criminal Procedure, 1973, seeking to quash the charge sheet in C.C.No.55 of 2014 in Crime No.188/2013 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, registered against the petitioners/A.2 and A.3 for the offence punishable under Section 498-A of IPC. Heard Sri S. Surendra Kumar, learned counsel for the petitioners/A.2 and A.3 and the learned Additional Public Prosecutor appearing for respondent No.1 - State. Perused the material on record.

charge sheet came to be filed against the petitioners/A.2 and A.3 and other Accused for the offence punishable under Section 498-A of IPC.

Learned counsel for the petitioner submits that respondent No.2/complainant is employed and she left the matrimonial house of A.1 and living outside the country from 2004 onwards and the petitioners/A.2 and A.3 are only brother and sister-in-law of A.1 and they are no way concerned with the alleged offence.

Though the present Criminal Petition is filed seeking quashing of entire charge sheet in C.C.No.55 of 2014 in Crime No.188/2013 on the file of XV Additional Chief

CKR,J Crl.P.No.3457 of 2019 Metropolitan Magistrate, Hyderabad, against the petitioners/A.2 and A.3 for the offence punishable under Section 498-A of IPC., considering the fact that the petitioners/A.2 and A.3 are only brother and sister-in-law of Accused No.1, without expressing any opinion on the merits of the case, this Court is inclined to dispose of the Criminal Petition giving liberty to the petitioners/A.2 and A.3 to move an application seeking their discharge in the above crime, if they are of the view that there is no material evidence against them for the offence punishable under Section 498-A IPC. However, in the facts and circumstances of the case, the personal appearance of the petitioners/A.2 and A.3 in C.C.No.55 of 2014 in Crime No.188/2013 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, is hereby dispensed with, except on the dates when their presence is specifically required by the said Court. With the above direction, the Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE CHALLA KODANDA RAM 02.07.2019.

Msr

CKR,J Crl.P.No.3457 of 2019 HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRIMINAL PETITION No.3457 of 2019 02.07.2019 Msr