Undavalli Naga Anjaneya Vara Prasad v. Smt. Undavalli Ananya

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12123 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/Respondents 1 and 3 seeking to quash D.V.C.No.35 of 2016 on the file of Judicial Magistrate of First Class, Special Mobile Court, Eluru.

Heard learned counsel for the parties and perused the material available on record.

On a perusal of the material on record, 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 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 petitioner No.2/R3 for each and every adjournment, unless it feels that her physical presence is necessary for any specific purpose.

However, considering the nature of allegations against petitioner No.1/R1, the Criminal Petition is dismissed as far as petitioner No.1/R1 is concerned. The petitioner No.1/R1 shall appear before the trial court during the course of trial.

Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

__________________ M.S.K.JAISWAL, J 19th August 2016

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