D.K. Brahma Naidu v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.14310 of 2015 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in DVC.No.93 of 2015 on the file of the Court of the Judicial First Class Magistrate (Special Mobile Court), Guntur, registered for the offences punishable under the provisions of the Domestic Violence Act.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, representing the State. Specific allegations were made in the complaint against the petitioner. 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 see no ground to quash the charge sheet. In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of DVC.No.93 of 2015 within a period of three months from today, however, without insisting for the presence of the petitioner/accused for each and every adjournment, unless it feels that his physical presence is necessary for any specific purpose.

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

___________________ M.S.K.JAISWAL, J

Date: 08.08.2016 TJMR