Chenthati Rojamma v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4062 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-2 to A-9 in C.C.No.1108 of 2015 on the file of II Additional Munsif Magistrate, Ongole, Prakasam District arising out of Crime No.239 of 2014 of Ongole I Town Police Station, Prakasam District, registered for the offence punishable under Sections 498 A and Section 3 and 4 of the Dowry Prohibition Act. Heard and perused the material on record.

The offences alleged against the petitioners are punishable under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioners and other accused. A reading of charge sheet also reveals some allegations against the petitioners, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates of framing of charges, if any, examination under Section 313 Cr.P.C., and also on the date of pronouncement of judgment. However, the petitioners shall be properly represented through their counsel before the trial Court. The other accused/A-1 shall

present on his behalf and also on behalf of the petitioners/A-2 to A9 before the trial Court on all hearing dates. With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 28-03-2016 Ksn