High Court for State of TelanganaCRLP/16616/2016disposed of no costs

Syed Davud Ali, v. The State Of Telangana,

2016-12-07M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.16616 OF 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.364 of 2015 on the file of XV Additional Chief Metropolitan Magistrate, City Criminal Court, Hyderabad, registered for the offences punishable under Sections 498A, 494, 495, 420, 406 and 120 read with 34 I.P.C. and Sections 3, 4 and 6 of Dowry Prohibition Act.

2. The petitioners, who are in-laws of respondent No.2 - de facto complainant, are challenging the proceedings on various grounds, but during the course of hearing, Sri S. Chalapati Rao, learned counsel for the petitioners, made a request to dispense with the appearance of petitioners, without raising any ground. But, this Court cannot exercise the jurisdiction of Magistrate under Section 205 Cr.P.C. and grant such relief, which is not claimed in the petition specifically.

3. Therefore, the petitioners are directed to file an application before the Magistrate concerned after serving notice on respondent No.2 herein. On filing such application, the Magistrate concerned is directed to decide the same on the same day and pass appropriate orders in accordance with law.

4. With the above direction, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

__________________________________ M. SATYANARAYANA MURTHY, J December 07, 2016.