Mrs. Naimathunnisa v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4778 of 2016 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, is filed by the petitioner-accused No.2 seeking to quash the proceeding against her in CC No.46 of 2016 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 498-A and 406 IPC and 4 & 6 of the Dowry Prohibition Act.

Heard and perused the material available on record. The allegations against the petitioner are that the petitioner, who is the mother in law the de facto complainant, along with other accused harassed the de facto complainant physically and mentally demanding additional dowry. The truth of the said allegations can be decided only after due trial. Hence, this Court is not inclined to quash the proceedings against the petitioner. At this stage, learned counsel for the petitioner submitted that NBW is pending against the petitioner and the same may be recalled.

Having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and having perused the material available on record, this Court is of the view that this petition can be disposed of with the following directions: The petitioner-accused No.2 is directed to appear before the Court concerned and file petitions to recall the warrant pending against her and on such petitions being filed, the Court concerned is directed to recall the warrant on the same day on her executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only)

with one surety for a like sum. The petitioner shall appear before the trial Court on all dates of hearing.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous Petitions pending if any, shall stand closed. _____________ RAJA ELANGO, J April 07, 2016.

KTL