Rajesh Mutyala v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.3364 OF 2017 ORDER:

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 for short, 'the Code') requesting to quash the proceedings in Calendar Case No.324 of 2017 pending on the file of the I-Additional Chief Metropolitan Magistrate, Visakhapatnam. 2.

Petitioner Nos.1 to 3 herein are arraigned as accused Nos.1 to 3, who are no other than the husband, mother-in-law and sister-in-law of the de facto complainant-2nd respondent herein respectively and petitioner No.4 is arraigned as accused No.4, who is the husband of petitioner No.3-accused No.3, in the aforesaid calendar case and they alleged to have committed the offences punishable under Section 498-A of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3.

Heard Sri D.L.Pandu, learned counsel for the petitioners and learned Additional Public Prosecutor for the State of Andhra Pradesh. 4.

Learned counsel for the petitioner restricts the request herein to the extent of exempting the appearance of petitioner Nos.2 to 4accused Nos.2 to 4 during trial in the aforesaid calendar case. 5.

So far as petitioner No.2-accused No.2 is concerned, who is no other than the mother-in-law of the de facto complainant, such a request cannot be acceded to. However, concerning petitioners No.3 and 4-accused Nos.3 and 4, Nereti Aruna and Vishnu Vardhan Nereti respectively, who are residing in Ranga Reddy District, their

appearance alone is exempted during trial in C.C.No.324 of 2017 except on the dates when examination under Sections 239 and 313 of the Code will be taken by the learned Magistrate and on other occasions if the learned Magistrate opines that their presence is absolutely necessary.

6.

With the above observation, the criminal petition is disposed of. 7.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

___________________________ A. SHANKAR NARAYANA, J 28th April 2017 mar