Hari Singh Chauhan, v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12195 OF 2016 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners/A.1 to A.7 seeking to quash the proceedings in C.C.No.95 of 2016 on the file of Judicial Magistrate of First Class at Mulugu, Warangal, registered for the offences punishable under Section 498-A and Sections 3 and 4 of Dowry Prohibition Act.

2. Heard learned counsel for the petitioners/A.1 to A.7 and learned Additional Public Prosecutor representing the State.

3. It appears from the complaint that the 2nd respondent/ de facto complainant made certain allegations against the petitioners/A.1 to A.7. It further appears that on the basis of the said complaint, police registered a case, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the proceedings against the petitioners.

4. From a perusal of the record, it cannot be said that there is no material to proceed against the petitioners/A.1 to A.7.

5. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.95 of 2016 without insisting for the presence of petitioners/A.2 to A.7 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. However, petitioner No.1/Accused No.1 shall appear before the trial Court during trial. Further more, the learned Magistrate is also directed to dispose of C.C.No.95 of 2016 on the file of Judicial Magistrate of First Class,

Mulugu, Warangal, within a period of three (03) months from today. Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date:23.08.2016 KH