Banoth Janardhan v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.12986 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.1 to 5 seeking to quash the C.C.No.1202 of 2014 on the file of the Special Mobile Judicial First Class Magistrate at Khammam, for the offences under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. Heard the learned counsel for the petitioners/accused Nos.1 to 5 and the learned Public Prosecutor and perused the material available on record. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations against the petitioner Nos.2 to 5/accused Nos.2 to 5, presence of the petitioner Nos.2 to 5/accused Nos.2 to 5 on each and every hearing before the trial Court is dispensed with, but they shall appear before the trial Court when the trial Court insists for their appearance for any specific purpose. Considering the nature of allegations against the petitioner No.1-accused No.1, the Criminal Petition is dismissed as far as petitioner No.1-accused No.1 is concerned.

The petitioner No.1-accused No.1 shall appear before the trial court during the course of trial.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending in this petition, if any, shall stand closed. _______________________ JUSTICE M.S.K.JAISWAL 28.09.2016 skmr