Fareeda Banu v. Jaya Fatima

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11556 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/accused Nos.2 and 3 seeking to quash the C.C.No.473 of 2015 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 498-A r/w.34 of IPC and sections 3 and 4 of Dowry Prohibition Act.

Heard the learned counsel for the petitioners 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 petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of C.C.No.473 of 2015 expeditiously, however, without insisting for the presence of the petitioners/A2 and A3 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this

petition, if any, shall stand closed.

__________________ M.S.K.JAISWAL, J 8th August 2016 ajr