Pulasi Naveen Kumar v. The State Of A.P.

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9047 of 2016 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in C.C.No.154 of 2016 on the file of the Judicial Magistrate of First Class, Kurnool registered for the offences punishable under Section 498A of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioners/A1 to A3 and the learned Additional Public Prosecutor, representing the State.

3. Specific allegations are 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. Therefore, I see no ground to quash the charge sheet.

4. 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 petitioners 2 and 3/A2 & A3 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. However, petitioner no.1/A.1 shall continue to attend the Court during course of trial, unless his presence is dispensed with.

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

__________________ M.S.K.JAISWAL,J 24.06.2016 DRK THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9047 of 2016

24.06.2016