Tatavarthi Subba Rao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7597 of 2016

ORDER

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.904 of 2012 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.

Heard the learned counsel appearing for the petitioners/A.2 to A.6 and the learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 2nd respondent/defacto complainant made a specific complaint against the petitioners under Section 498-A of IPC and under Section 3 and 4 of Dowry Prohibition Act. It further appears that on the basis of the said complaint, a specific police case was initiated, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

From a perusal of the record it cannot be said that there is no material to proceed against the petitioners/A.2 to A.6. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.904 of 2012 without insisting for the presence of the petitioners/A.2 to A.6 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date:07.06.2016 Rds

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.7597 of 2016 Date:07.06.2016 Rds