Shaheen v. Tahmeena Xanobar Shaik

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.12405 of 2016 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.537 of 2015 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered against the petitioners/A-8 and A-9, for the offences punishable under Sections 498-A and 406 IPC and Sections 4 and 6 of Dowry Prohibition Act.

Heard the learned counsel appearing for the petitioners/A-8 and A-9 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made in the complaint against the petitioners. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the learned Magistrate to proceed with the trial and dispose of C.C.No.537 of 2015 expeditiously, however, without insisting for the presence of petitioners/A-8 and A-9 for each and every adjournment unless it feels that their physical presence is necessary for any specific purpose.

Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________ M.S.K. JAISWAL, J August 27, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.12405 of 2016 August 27, 2016 Pn