Burri Balaswamy v. The State Of Andhra Pradesh Rep By Its P.P

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.5683 of 2015 ORDER:

The petitioners, who are A-2 to A-5, seek to quash the proceedings initiated against them in C.C.No.184 of 2015 on the file of the Special Judicial Magistrate of First Class for Prohibition and Excise Cases, Guntur District, registered for the offences punishable under Section 498-A I.P.C., Sections 3 and 4 of Dowry Prohibition Act.

On a complaint given by the 2nd respondent herein, a case in Crime No.764 of 2014 was registered against the petitioners along with another by the Inspector of Police, Pattabhipuram Police Station, Guntur Urban. Eventually, after completion of investigation, a charge sheet was laid under the aforesaid offences against the petitioners and another in the Court of the Special Judicial Magistrate of First Class for Prohibition and Excise Cases, Guntur. Heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor, representing the State.

A perusal of the allegations in the charge sheet would clearly reveal a prima facie case against the petitioners for the aforesaid offences. The truth or otherwise of the allegations cannot be gone into in this petition and it can only be decided during the course of trial. Therefore, I see no reason to interfere with the matter at this stage by quashing the proceedings against the petitioners. Instead it is better to

allow the trial in the case to be expedited.

Having heard the learned Counsel for the petitioners and having gone through the contents of the petition, the Criminal Petition is disposed of with a direction to the trial Court to proceed with the trial of the case expeditiously. However, the trial Court shall not insist the presence of the petitioners-accused for every date of hearing unless it feels that his presence is necessary for any specific purpose. Miscellaneous petitions, if any, pending shall stand closed.

_________________ M.S.K.JAISWAL, J 30-06-2015 Gsn