Ch.Kishtaiah v. The State Of A.P., Rep. By Its P.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6859 OF 2012 ORDER:

This Criminal Petition is filed by A.2 to A.6 under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.141 of 2013 pending on the file of the XV Metropolitan Magistrate at Medchal, Cyberabad for the offences punishable under Sections 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. The grounds now raised by the learned counsel for the petitioners for quashing the impugned proceedings are all disputed questions of facts which can be adjudicated by the trial Court only after full-fledged trial. Hence, this Court is not inclined to interfere with the impugned proceedings. Now, the learned counsel for the petitioners prays this Court to dispense with the presence of the petitioners before the trial Court.

Being the offence alleged against the petitioners under Section 498-A IPC, the question of their identity before the trial Court does not arise. In the circumstances, the presence of the petitioners before the trial Court is dispensed with and the petitioners are directed to present before the trial Court on the date of their examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further the petitioners are directed to be represented by a counsel on all hearing dates.

The Criminal Petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed. ________________________ JUSTICE RAJA ELANGO 26.09.2016 Tsr