Vemula Kanakaraju v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4215 OF 2016 ORDER:

The petitioners-Accused Nos.1, 3, 5, 6 & 7 preferred the present Criminal Petition by invoking the provision under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') seeking to quash the proceedings in S.C.No.37 of 2014 on the file of the V Additional Sessions Judge cum Special Court to try the offences under the Scheduled Castes and Scheduled Tribes (PoA) Act, Karimnagar. Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 498-A and 506 r/w.34 IPC and 4 of Dowry Prohibition Act and 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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 petitioners does not arise, presence of the petitioners 2 to 5 only is dispensed with before the trial Court except on the dates on which the learned trial Judge insists for their appearance. The 1st petitioner shall appear before the trial Court and shall represent the other petitioners also. The petitioners shall be properly represented through their counsel before the trial Court. Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending, if any, shall stand closed. ______________ RAJA ELANGO, J March 29, 2016.

KTL