Geddam Narasimha Rao , Simha v. The State Of A.P

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12340 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/A3 & A4 seeking to quash C.C.No.380 of 2014 on the file of Judicial First Class Magistrate, Razole, for the offences under Sections 417, 420, 354, 323, 493, 506, 34 of IPC and Section 4 of Dowry Prohibition Act. Heard learned counsel for petitioners/A3 & A4 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 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 C.C.No.380 of 2014 within a period of six months from the date of receipt of copy of this order, however, without insisting for the presence of petitioner No.2/A4 for each and every adjournment, unless it feels that her physical presence is necessary for any specific purpose. The learned Magistrate to dispose of the matter within six months as directed above, without seeking for extension of time.

However, considering the nature of allegations against petitioner No.1/A3, the Criminal Petition is dismissed as far as petitioner No.1/A3 is concerned. The petitioner No.1/A3 shall appear before the trial court during the course of trial. Accordingly, the Criminal Petition is disposed of. Consequently, pending miscellaneous applications, if any, shall stand closed.

__________________ M.S.K.JAISWAL, J 26th August 2016 ajr