Ashwani Kumar Sharma v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2047 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.2 and 3 seeking to quash the proceedings in C.C.No.39 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 498-A and 406 I.P.C. and Sections 4 & 6 of Dowry Prohibition Act. Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.

On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates on which the learned trial Judge insists for the appearance. However, the petitioners shall be properly represented through their counsel before the trial Court. Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

________________________ JUSTICE RAJA ELANGO 18-02-2016 skmr