K.Balaswamy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6035 OF 2016 ORDER:

This Criminal Petition is filed by the accused Nos.2, 3 & 6 under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.246 of 2015 pending on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad for the offences under Sections 498-A, 495, 417, 506, 323, 109 r/w 34 IPC and Sections 3, 4 & 6 of Dowry Prohibition Act.

The grounds now raised by the learned counsel for the petitioners for quashing the impugned proceedings are all disputed questions of facts which can be adjudicated by the trial Court only after full-fledged trial. Hence, this Court is not inclined to interfere with the impugned proceedings. Now, the learned counsel for the petitioners prays this Court to dispense with the presence of the petitioners before the trial Court. Being the offence alleged against the petitioners under Section 498-A IPC, the question of their identity before the trial Court does not arise. In the circumstances, the presence of the petitioners before the trial Court is dispensed with except on the dates so specifically the trial Court insists for their appearance. The petitioners are directed to be represented by a counsel on all hearing dates.

The Criminal Petition is accordingly disposed of. Pending miscellaneous petitions, if any, stand closed. ________________________ JUSTICE RAJA ELANGO 22.04.2016 Tsr