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High Court for State of TelanganaCRLP/2941/2017dismissed

Sk. Baba v. The State Of Telangana,

2017-04-11A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2941 OF 2017 ORDER:

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') requesting to quash the proceedings in Calendar Case No.1211 of 2016 on the file of the Special Judicial First Class Magistrate (Prohibition and Excise Offences), Nalgonda.

2.

The petitioners herein are arraigned as accused Nos.1 to 7 in the aforesaid calendar case and they alleged to have committed the offences punishable under Section 498-A of the Indian Penal Code, 1860 (IPC) and Section 4 of the Dowry Prohibition Act. 3.

Heard Sri Prabhakar Rao, learned counsel for the petitioners and learned Additional Public Prosecutor for the State of Telangana. 4.

Learned counsel for the petitioners would submit that originally Calendar Case No.1211 of 2016 on the file of the Judicial First Class Magistrate, Nalgonda, was transferred to the Special Judicial First Class Magistrate (Prohibition and Excise Offences), Nalgonda, and renumbered as Calendar Case No.2211 of 2016 and has also submitted the summons issued by the learned Special Judicial First Class Magistrate (Prohibition and Excise Offences), Nalgonda, to A.3-Sk. Afzal. Learned counsel for the petitioners, however, would restrict the request to that of exempting the appearance of the petitioner Nos.2 to 7-accused Nos.2 to 7 and they shall be represented

by petitioner No.1-accused No.1, who is the husband of the de facto complainant-2nd respondent.

5.

So far as petitioner Nos.2 and 3 are concerned, who are motherin-law and father-in-law of the de facto complainant respectively, their appearance cannot be exempted. However, the appearance of petitioner Nos.4 to 7-accused Nos.4 to 7, who are sisters-in-law and brothers-in-law of the de facto complainant, is exempted except on the dates when they are supposed to attend the examinations under Sections 229 and 313 of the Code and they shall be represented by petitioner No.1-accused No.1.

6.

With the above observation, the criminal petition is dismissed. 7.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

___________________________ A. SHANKAR NARAYANA, J 11th April 2017 mar