Yerukunaidu Jami v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11656 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.387 of 2014 on the file of the Court of I Additional Chief Metropolitan Magistrate at Vizakhapatnam, registered for the offences punishable under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Heard the learned counsel appearing for the petitioners/A-2, A-3 & A-5 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioners in the complaint. 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 see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of CC.No.387 of 2014 within a period of six months from today, however, without insisting for the presence of the petitioners/A-2, A-3 & A-5 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose.

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

___________________ M.S.K.JAISWAL, J Date: 09.08.2016 TJMR