G.Nageshwar Rao Patalay v. State Of Telangana

THE HON'BLE MRS JUSTICE ANIS CRIMINAL PETITION No.3068 of 2015 ORDER:- This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioners/A.2 & A.3 in C.C.No.122 of 2015 on the file of learned XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur for the offences punishable under Sections 498-A, 325, 323 IPC and 3 & 4 of Dowry Prohibition Act.

2. Heard learned counsel for the petitioners and learned Public Prosecutor for the State.

3. Learned counsel for the petitioners submitted that there are no specific overt acts attributed against the petitioners who are the parents of A.1. They are old persons and not committed any offence. Further after filing of the charge sheet, the Magistrate has taken cognizance and numbered as C.C.No.122 of 2015 on the file of learned XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur. It is also argued that the petitioners are old people not in a position to attend every date of hearing. Therefore, prayed to dispense with their appearance before the Court.

4. Learned Public Prosecutor submitted that as and when the Court requires their presence the petitioners have to appear before the Court.

5. A perusal of the record reveals that the second respondent who is the de facto complainant lodged a complaint with the police making allegations that petitioners and A.1 harassed him for additional dowry. The said complaint was registered as a case in Cr.No.455 of 2014. The Investigating Officer after completing investigation filed charge sheet on 27.1.2015 and the said case was taken on file and numbered as C.C.No.122 of 2015 on the file of learned XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur.

6 . The contention of the learned counsel for the petitioners is that there are no specific overt acts or specific allegations made by the de facto complainant against the petitioners and also argued that the petitioners are old persons not in a position to attend the Court regularly.

7. Considering the facts and circumstances of the case, the question of quashing C.C.No.122 of 2015 on the file of learned XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur does not arise. Coming to the request of the petitioners that the petitioners are aged persons, their appearance may be dispensed with is considered, and accepted. But the petitioners should present as and when the Court requires their attendance.

8 . With the above direction, the Criminal Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed. _______________ JUSTICE ANIS Dt.9th April, 2015 PNV THE HON'BLE MRS JUSTICE ANIS

CRIMINAL PETITION No.2675 of 2015 April 06, 2015

PN