Shaik Bahadoor Basha v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4252 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/A-1 to A-5 seeking to quash the proceedings in C.C.No.349 of 2015 on the file of the I Additional Judicial Magistrate of First Class, Kadapa, Kadapa District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioners are punishable under Section 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

4. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the police filed charge sheet against the petitioners.

A reading of the charge sheet also reveals some allegations against the petitioners, truth of which can be ascertained only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

5. In any event, considering the nature of allegations wherein the question of identity of the petitioners does not arise, presence of petitioner Nos.2 to 5/A-2 to A-5 before the trial Court is dispensed with except on the dates of framing of charges and examination under Section 313 Cr.P.C. However, A-1, who is the husband of the de facto complainant, shall be present before the trial Court on all dates of hearing on his behalf and on behalf of other accused also. The petitioners shall be properly represented through their counsel before the trial Court.

6. Accordingly, the Criminal Petition is disposed of. Miscellaneous

petitions pending, if any, in this Criminal Petition shall stand closed. _________________________ JUSTICE RAJA ELANGO 29.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4252 OF 2016 Date: 29.3.2016 AMD