Bondala Dhanalakshmi (A-2) v. Bondala Veera Venkata Satyanarayana Mutt

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11370 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.2 to 4 seeking to quash the C.C.No.114 of 2016 on the file of the IV Addtiional Judicial First Class Magistrate, Kakinada, East Godavari District, for the offences under Section 324 read with Section 34 I.P.C.

Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.

On a perusal of the 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 any event, considering the nature of allegations against the petitioner Nos.1 and 3 - accused Nos.2 and 4, presence of the petitioner Nos.1 and 3 - accused Nos.2 and 4 on each and every hearing before the trial Court is dispensed with, but they shall appear before the trial Court when the trial Court insists for their appearance for any specific purpose.

Considering the nature of allegations against the petitioner No.2-accused No.3, the Criminal Petition is dismissed as far as petitioner No.2-accused No.3 is concerned. The petitioner No.2 - accused No.3 shall appear before the trial court during the course of trial.

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

_______________________ JUSTICE M.S.K.JAISWAL 04.08.2016 skmr