Shaik Asia v. Farhana Begum

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.8105 of 2017 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of all further proceedings in C.C.No.146 of 2017 on the file of the Judicial First Class Magistrate, Adilabad District. The charge sheet came to be filed against the petitioners for the offences punishable under Sections 498(A), 290 and 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

Though various grounds are raised, the learned counsel for the petitioners restricts his prayer seeking a direction to the trial Court not to insist on the presence of the petitioners on every date of adjournments. The same is not disputed by the learned Additional Public Prosecutor. As there is no dispute with regard to the identity of the petitioners, their presence can be dispensed with, except as and when their presence is specifically required by the trial Court.

In Raj esh Sharma Vs. St at e of Ut t ar Pradesh (Crl.A.No.1265 of 2013), the Apex Court, while dealing with matrimonial offences, observed as under:

"19(i) to vi....

vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit

appearance by video conferencing without adversely affecting progress of the trial."

Having regard to the circumstances stated above; in view of the judgment referred to above and taking into consideration the plea made, the presence of the petitioners who are A2, A3 and A5 in C.C.No.146 of 2017 on the file of Judicial Magistrate of First Class, Adilabad District is dispensed with except on the dates when their presence is specifically required by the trial Court. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

____________________ C. PRAVEEN KUMAR, J 18.09.2017 vhb