Padma v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4513 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.3, 5 and 6 under Section 482 Cr.P.C. seeking to quash the proceedings against them in C.C.No.514 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate, City Criminal Courts at Nampally, Hyderabad. Heard and perused the material available on record. The petitioners are alleged to have committed the offence punishable under Sections 498-A, 420, 506 r/w 511 IPC and Sections 4 and 6 of the Dowry Prohibition Act.

The main grievance of the petitioners herein is that the case has been pending for the past 9 years, and in view of the absence of A1, the trial Court has not proceeded further to dispose of the case. Further, it is the case of the petitioners that no specific overt acts were made against them attracting the above offences and in such a situation, the pendency of the above case for such a long period amounts to abuse of process of Courts. The learned Counsel for the petitioners submitted that even though a request was made before the trial Court to split up the case insofar as the petitioners are concerned, the same was not considered by the trial Court. Considering the facts and circumstances of the case, this Court is inclined to pass the following order:

"The trial Court is directed to split up the case insofar as the petitioners are concerned on or before 10th May, 2016 and dispose of the same, within a period of three months from the date of receipt of a copy of this order. The presence of the petitioners-A3, A5 and A6 before the trial Court is dispensed with except on the date of framing of charges, if any, and on the date of examination under Section 313 Cr.P.C. and on the date of pronouncement of

judgment in the above C.C. The petitioners are directed to be represented by a Counsel before the trial Court on all hearing dates."

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 31.3.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4513 OF 2016 DATED 31.3.2016 Nn