P. Obul Reddy v. Dr. Ganga Bhavani

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5505 of 2019 ORDER :

This Criminal Petition is filed under Section 482 of the Code of the Criminal Procedure, 1973, challenging the order, dated 30.11.2016 in Crl.M.P.No.5639 of 2016 in C.C.No.784 of 2016 on the file of the XIII Addl. Chief Metropolitan Magistrate, Mahila Court, Hyderabad.

2.

Originally, a charge sheet came to be filed against A1 and A3 for the offences punishable under Sections 498-A and 406 IPC and 4 and 6 of Dowry Prohibition Act, 1961. Thereafter, on a protest petition filed by the 1st respondent herein (complainant), the learned Magistrate has taken cognizance against the petitioners herein (A2 and A4) for the offences punishable under Sections 498-A and 406 IPC and 4 and 6 of Dowry Prohibition Act, 1961.

3.

Though the present Criminal Petition is filed seeking to quash the order passed by the learned Magistrate, dated 30.11.2016 in Crl.M.P.No.5639 of 2016 in C.C.No.784 of 2016, learned counsel for the petitioners restricts his prayer seeking dispensation of the presence of the petitioners before the trial Court on every date of adjournment. 4.

The learned Public Prosecutor submits that since the identity of the petitioners is not in dispute, their presence in the above CC may not be necessary on every date of adjournment.

5.

Having regard to the facts and circumstances of the case, the personal appearance of the petitioners-A2 and A4 in C.C.No.784 of 2016 on the file of the XIII Addl. Chief Metropolitan Magistrate, Mahila Court, Hyderabad, is hereby dispensed with while permitting them to mark their appearance through their counsel, except on the dates when their presence is specifically required by the said Court. 6.

With the above direction, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________ JUSTICE G. SRI DEVI DATED: 09.09-2019.

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