Smt. Obula Mary Grace v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12654 of 2014

ORDER

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in D.V.C.No.06 of 2014 on the file of Additional Judicial Magistrate of First Class, Peddapuram, East Godavari District. Heard learned counsel appearing for the petitioners/respondents 1 to 6 and the learned Additional Public Prosecutor representing the State.

From a perusal of the complaint, it cannot be said that there is no material to proceed against the petitioners/respondents 1 to 6. Therefore, it is not a fit case where the proceedings against them can be quashed. The truth or otherwise of the allegations can only be decided during the course of trial.

The Criminal Petition is accordingly disposed of with a direction to the learned Magistrate to proceed with the enquiry in DVC, however, without insisting for the presence of petitioner Nos.1 to 3, 5 and 6 /respondents 1 to 3, 5 and 6 in DVC on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. However, petitioner No.4/respondent No.4 shall appear before the trial Court during the course of enquiry in DVC. Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date: 11.07.2016 YVL