Mohd. Karimulla v. The State Of A.P

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.7015 of 2018

ORDER

This petition is filed under Section 482 Cr.P.C., to quash the proceedings in PRC No.2 of 2016 on the file of II Additional Judicial Magistrate of First Class, Ongole, registered for the offences under Sections 498-A, 307, 313, 376 read with Section 511 and 34 IPC and under Sections 3 and 4 of Dowry Prohibition Act, against the petitioner/A1, on various grounds.

2.

Though the petitioner raised several grounds in the petition, during hearing, the counsel for petitioner requested this Court to pass order dispensing with the appearance of the petitioner before the Sessions Court during trial.

3.

The case is at PRC stage and not yet committed to the Sessions Court by following procedure under Section 207 and 209 of Cr.P.C. Therefore, at this stage, appearance of the petitioner cannot be dispensed with. However, liberty is given to the petitioner to file appropriate application before the Sessions Court under Section 205 of Cr.P.C., or under Rule 37 of Civil Rules of Practice, and on filing such application, the Sessions Court is directed to dispose of the application with a week from the date of receipt of the application.

4.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________________ M. SATYANARAYANA MURTHY, J 6th July, 2018 sj