Mohd Abdul Khader Jilani v. Commissioner Of Police,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5757 OF 2015 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in C.C.No.92 of 2015 on the file of XIII Additional Chief Metropolitan Magistrate, Mahila Court, Hyderabad.

2. The petitioners/A-1 to A-4 are facing allegations for the offences punishable under Sections 498-A, 506 and 509 I.P.C.

3. None appears for the petitioners and there is no representation on their behalf. On 1.7.2015, this Court directed the petitioners to take personal notice to respondent No.3/de facto complainant with liberty to file an application for discharge under Section 239 Cr.P.C. and also to file an application under Section 205 Cr.P.C. to represent the other accused by special vakalat holder including appearance and answering for charges besides filing of application for discharge. They were also given liberty to appear before the learned Magistrate and file an application under Section 70(2) Cr.P.C. to cancel the warrant issued, if any, and also to file an application under Rule 37 of the Criminal Rules of Practice to represent on behalf of the other accused and execute bond as per Section 88/89 Cr.P.C. Till date, no such steps have been taken by the petitioners. Hence, this Court is of the view that no further orders are required to be passed in this matter.

4. Accordingly, the Criminal Petition is dismissed. However, the petitioners are at liberty to approach this Court if they are aggrieved by the orders passed by the learned Magistrate in the discharge application.

5. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

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JUSTICE RAJA ELANGO 9.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.5757 OF 2015 Date:9.3.2016 AMD