Devasetty Kiran Kumar v. Devasetty Sumanjali

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.4178 of 2015 ORDER :

This criminal petition is filed by the petitioners/A.1 to A.4 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.176 of 2015 of Women Police Station, DD, Hyderabad, registered for the offence punishable under Section 498-A IPC.

2. Heard the learned counsel for the petitioners as well as the 2nd respondent-State represented by the Public Prosecutor before admission and before ordering any notice to the 1st respondent and perused the material on record.

3. A perusal of the complaint running into nine pages contains that the averments made against all the petitioners undisputedly. Therefore, at this stage, it is premature for this Court to admit the application under Section 482 Cr.P.C. to quash the F.I.R., for no case is made out.

4. Having regard to the above, the criminal petition is disposed of giving liberty to the petitioners to participate in the investigation and in the event of police filing the final report in the form of charge sheet under Section 173 Cr.P.C., the remedy is afresh left open. Needless to observe, the petitioners' presence before the trial Court pending investigation since no where requires, the learned Magistrate shall dispense with their presence pending investigation and in such event of filing of charge sheet and taking cognizance, then to issue summons.

5. Miscellaneous petitions pending, if any, shall stand dismissed ____________________________

Dr. B. SIVA SANKARA RAO, J 10th June 2015.

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