Chintalacheruvu Hussian v. Ch. Subanbee

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5234 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/ accused Nos.1 to 5 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.66 of 2015 of Darsi Police Station, Prakasam District registered for the offences punishable under Section 498-A IPC and Sections 3 and 4 of D.P Act.

2) Heard learned counsel for the petitioners/ accused Nos.1 to 5 as well as learned public prosecutor representing 2nd respondent-State before admission and before ordering notice to 1st respondent. Perused the material on record.

3) As the material falls short for this Court to admit the application but for the remedy is left open to the petitioners if there is any proof of Talak and its communication and when came into force and place the same before Investigating Officer concerned as part of investigation. From the facts admitted to concession of bail by the petitioners, the petitioners are given liberty to surrender before the Special Judge concerned and move for regular bail with notice to Additional Public prosecutor and in such event, the learned Special Judge shall consider the same preferably on the same day with necessary

conditions. Needless to say at the post bail stage, their presence may be dispensed with after police filing final report and taking cognizance of the same by the learned Magistrate.

4 ) Miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.24.06.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5234 of 2015

Date: 24.06.2015 Knl