Smt. M.A.Esther Rani, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10691 of 2009 Between:

Smt.M.A.Esther Rani and another ..... PETITIONERS/A2 & A3 AND The State of Telangana, Rep.by its Public Prosecutor, High Court at Hyderabad and another .....RESPONDENTS The Court made the following:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10691 of 2009 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.1332 of 2009 on the file of the IX Metropolitan Magistrate at Kukatpally, Cyberabad, registered for the offences punishable under sections 498-A IPC and under sections 3 & 4 of Dowry Prohibition Act.

Heard the learned counsel appearing for the petitioners/A2 & A3 and the learned Additional Public Prosecutor, representing the State. The allegations mentioned in the charge sheet clearly reveal a prima facie case against the petitioners/A2 & A3 and the non-

petitioner/A1 for the offences alleged. It is clearly alleged that at the instigation of the petitioners/A2 & A3 who are none other than the parents of the non-petitioner/A1, the non-petitioner/A1 has subjected the 2nd respondent/de facto complainant to cruelty for or in connection with demand for additional dowry. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet. Learned counsel for the petitioners/A2 & A3 submits that the petitioners/A2 & A3 are senior citizens and parents of the nonpetioner/A1 and they were unnecessary implicated in the above case and considering their ages and status, he prays to dispense with their presence before the Court below.

The Criminal Petition is accordingly dismissed. Having regard to the facts and circumstances of the case, the Court below is directed to dispose of the main calendar case, as expeditiously as possible, preferably, within a period of 6 (six) months from the date of receipt of a copy of this order, without insisting for the presence of petitioners/A2 & A3 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 08.09.2015 Dsr