Boggavarapu Koteswara Rao v. Boggavarapu Anusha

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3657 OF 2016 ORDER:

The petitioners-A2 to A4 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 C.C.No.484 of 2015 on the file of the Judicial Magistrate of First Class for Special Mobile Court, Nellore, Nellor District. Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 498-A r/w.34 IPC. 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 on which the learned trial Judge insists for their appearance. 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 17, 2016.

KTL