Mohammed Ibrahim Jamal v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.4931 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/ sole accused under Section 482 Cr.P.C, seeking to quash the proceedings in CC No.527 of 2014 on the file of the Special Judicial Magistrate of First Class, P & E Offences, Nalgonda Dsitrict, registered for the offences punishable under Sections 498-A IPC and Sections 3 & 4 of D.P. Act.

2) Heard learned counsel for the petitioner/ accused and learned public prosecutor for 1st respondent-state before admission and before ordering any notice to 2nd respondent-de facto complainant and perused the material on record.

3) Undisputedly, the accused in C.C. No.527 of 2014 is facing accusation for the charges leveled against him for the offences punishable under Section 498-A IPC and Sections 3 & 4 of D.P. Act and it is the submission made by the learned counsel for petitioner that LWs.1 to 5 were already examined as PWs.1 to 5 and the matter is being postponed before the trial Court at the instance of prosecution agency for examining the LW.6 even he was at abroad and there is no possibility for coming.

4) Having regard to the above, learned trial Judge is directed to direct the prosecution to secure the presence of LW.6 by fixing one month time to close the evidence of LW.6 and proceed as per law as contemplated under Section 242 Cr.P.C.

5) Accordingly, the Criminal petition is disposed of.

6) As a sequel, miscellaneous petitions, if any filed in this Criminal Petition, shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J Date:16.06.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.4931 of 2015

Date:16.06.2015 knl