Shaik Khusmun v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.9414 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused No.4 seeking to quash the C.C.No.752 of 2015 on the file of the First Judicial Magistrate of First Class, Kadapa, Kadapa District, for the offences under Sections 498(A) and 506 I.P.C. Heard the learned counsel for the petitioner/accused No.4 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 petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise and the petitioner being a lady, presence of the petitioner before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment.

Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

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JUSTICE M.S.K.JAISWAL 30.06.2016 skmr