S. Ramaswamy v. Union Of India,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37462 of 2016 ORDER:

In this writ petition, the petitioners seek to quash the orders of the first respondent dated 15.02.2016, whereby the first respondent invoking the provision under Section 188 of Cr.P.C. accorded sanction for trial against the petitioners herein, who are accused in Crime No.34 of 2012 on the file of 5th respondent herein. The main grievance of the petitioners is that without giving any notice to the petitioners or without hearing them, the impugned orders have been passed according sanction to prosecute the petitioners and the trial is due in C.C.No.206 of 2012 on the file of XIV Metropolitan Magistrate, Cyberabad for the offences under Sections 498-A and 506 IPC and Sections 3 & 4 of Dowry Prohibition Act. However, after arguing for sometime, the learned counsel for the petitioners confined his argument to the extent of dispensing with the presence of the petitioners before the trial Court.

Being the offence alleged against the petitioners under Section 498-A IPC, the question of their identity before the trial Court does not arise.

In the circumstances, the presence of the petitioners before the trial Court is dispensed with except on the dates so specifically the trial Court insists for their appearance. The petitioners are directed to be represented by a counsel on all hearing dates. With the above observations, the writ petition is disposed of. No order as to costs.

Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 02.11.2016.

Tsr