Marripaudi Nagendra Babu v. Smt Marripudi Jhansirani

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8939 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in D.V.C.No.3 of 2015 on the file of the Additional Judicial First Class Magistrate, Tadepalligudem, registered for the offences punishable under Sections 12, 17, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2005. Heard the learned counsel appearing for the petitioners/respondents in DVC 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 charge sheet.

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 and dispose of the DVC within a period of 3 (three) months from the date of receipt of a copy of this order, however, without insisting for the presence of the petitioners/respondents Nos.2, 3 & 4 in DVC for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose.

It is made clear that the petitioner/1st respondent in DVC shall appear before the Court below through out the trial.

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

__________________ M.S.K.JAISWAL,J

Date:23.06.2016 Dsr