S.K.Mahammed Iqbal v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6255 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/R1 to R3 seeking to quash the proceedings in D.V.C.No.37 of 2015 on the file of Special Excise Judicial Magistrate of First Class for Trial of Prohibition and Excise Offences, Nellore, SPSR Nellore, against them.

2. It is alleged in the complaint that the first petitioner/R1, at the instigation of his parents i.e., 2nd and 3rd petitioners/R2 and R3, used to harass the complainant i.e., 2nd respondent herein, by demanding additional dowry and also beat her indiscriminately and threatened to kill her, thereby caused mental agony to her. On the complaint filed by the 2nd respondent, a criminal case is also filed against the respondents.

3. Since there are serious allegations in the complaint, the matter has to be decided after full fledged trial and therefore, this Court is not inclined to interfere with the impugned proceedings.

4. At this stage, learned counsel for the petitioners confined his argument to the extent that the presence of petitioners/R1 to R3 may be dispensed with.

5. Considering the said facts and circumstances of the case, the presence of petitioners/R1 to R3 before

the trial Court is dispensed with except on the dates whenever their presence is insisted by the trial Court and they shall be represented by their counsel.

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

_______________ RAJA ELANGO, J 26th April, 2016 sj