Kasarapu Bhulakshmi , Bhoolokamma v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7976 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.390 of 2016 on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam, registered for the offences punishable under Sections 354 and 323 r/w.34 IPC. Heard the learned counsel appearing for the petitioners/A1 & A2 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, however, without insisting for the presence of the petitioner/A1 only for each and every adjournment, unless it feels that her physical presence is necessary for any specific purpose. The petitioner/A2 shall appear for each and every adjournment before the Court below throughout the trial.

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

__________________ M.S.K.JAISWAL,J Date: 10.06.2016 Dsr