Rukiya Begum v. Md.Jahangir

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2095 OF 2016 ORDER:

This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner-A2 seeking to quash the proceedings in SC.No.460 of 2014 on the file of IV Additional Metropolitan Sessions Judge, Hyderabad. Heard and perused the material available on record. The offences alleged against the petitioner are punishable under Sections 498-A and 306 r/w.34 IPC. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioner and A1, who is husband of the deceased. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

After arguing for some time, learned counsel for the petitioner while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioner before the trial Court.

In view of the same and also considering the nature of allegations wherein the question of identity of the petitioner does not arise, the presence of the petitioner is dispensed with before the trial Court, except on the dates on which the learned trial Judge insists for her presence and the husband of the deceased i.e. A1 in the Sessions Case, shall represent the petitioner before the trial Court. The petitioner shall be properly represented through her counsel before the trial Court. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. ______________ RAJA ELANGO, J February 19, 2016.

KTL