Miriyala Venkateswarlu S/O. Late Lakshminaryana v. The State Of T.S.,

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.15787 of 2015 ORDER:

This petition is filed under Section 482 of the Code of Criminal Procedure (for short, 'the CrPC') by the Petitioners-A.2 to A.6 and A.9 to A.11 in C.C.No.1652 of 2014 on the file of the IX Metropolitan Magistrate, Miyapur, Ranga Reddy District, for the offences under Sections 498-A, 494 and 506 read with 109 I.P.C. and under Sections 3 and 4 of the Dowry Prohibition Act(for short, 'the DP Act'), praying to quash the proceedings in said case.

2. Heard the learned counsel for the petitioners so also the learned Public Prosecutor representing State-1st respondent before ordering notice to the 2nd respondent/de facto-complainant and perused the material on record.

3. As the matter falls short for this Court to admit the application under Section 482 of Cr.P.C. in C.C.No.1652 of 2015 taken cognizance of the offences under Section 498-A, 494 and 506 read with 109 of I.P.C. and under Sections 3 and 4 of the Dowry Prohibition Act(for short, 'the DP Act') against the accused persons, the Criminal Petition is disposed of by giving liberty to the petitioners to move an application under Section 239 of Cr.P.C. before the trial Court seeking discharge, if there are any grounds to decide on own merits from the prosecution material as envisaged by the Apex Court in State of Orissa Vs. Debendra Nath Pathi[1]. Needless to say if one of the accused persons wants to represent the other accused persons among them, the learned Magistrate shall consider the application under Rule 37 of Criminal Rules of Practice and permit so, with necessary conditions unless their personal attendance is required for any particular adjournments. Consequently, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

__________________________ Dr. B.SIVA SANKARA RAO J, Date: 25.06.2015 Vvr [1] (2003) 2 SCC 711]