Godi Jai Prasad v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.5691 of 2015 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.151 of 2015 on the file of the V Additional Judicial First Class Magistrate, Rajahmundry.

Heard the learned counsel appearing for the petitioners/A1 and A5 and the learned Additional Public Prosecutor, representing the State. The allegations mentioned in the charge sheet clearly reveal a prima facie case against the petitioners for the offences punishable under Sections 498A, 323, 506 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The truth or otherwise of the allegations can only be decided at the time of disposal of C.C. No.151 of 2015 after conducting trial. This Court is not supposed to make a roving enquiry into the allegations in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

Learned counsel for the petitioners submits that it will be difficult for the petitioners herein to attend for each and every adjournment in the above case and hence, prays that the presence of the petitioners may be dispensed with.

In view of the said submission, the Criminal Petition is disposed of. The Court below shall proceed with trial, however, except A1, the Court below shall not insist for the presence of petitioner 2 herein/A5 for each and every adjournment, unless his presence is necessary for any specific purpose.

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

________________ M.S.K.JAISWAL,J Date: 30.06.2015 Mva THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.5691 of 2015 Date: 30.06.2015

MVA