Barathamma Tekula v. State Of Telangana

HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No. 11355 of 2016 DATED 3RD AUGUST, 2016 BETWEEN Barathamma Tekula and ors ....Petitioners And State of Telangana, Rep. by its Public Prosecutor, High Court of AP Hyderabad and anr ....Respondents HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No. 11355 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No. 109 of 2016 on the file of the learned XXII Metropolitan Magistrate, Ibrahimpatnam, registered for the offences punishable under Sections 498-A and 506 IPC read with Sections 3 and 4 of Dowry Prohibition Act. Heard the learned counsel appearing for the petitioners/A2 to A5 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made in the complaint against the petitioners. 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 see no ground to quash the proceedings in C.C.No. 109 of 2016 on the file of the learned XXII Metropolitan Magistrate, Ibrahimpatnam.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial, however, without insisting for the presence of the petitioners/A2 to A5 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose.

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 3RD AUGUST, 2016.

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