Smt. Kareemunnisa , Sameena v. Zakiya Begum
HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.9648 of 2015 ORDER :
This criminal petition is filed by the petitioners/A.1 and A.2 under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.376 of 2014 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 341, 448, 427 and 506 IPC.
2. Heard the learned counsel for the petitioners as well as the 2nd respondent-State represented by the Public Prosecutor, before admission and before ordering any notice to the 1st respondent and perused the material on record.
3. As per the material on record, on the complaint given by the de f a c t o complainant-2nd respondent, Dabeerpura Police Station registered Crime No.13 of 2014 against the petitioners and the learned Magistrate has taken cognizance for the offences referred supra. A perusal of the record shows there are several criminal cases pending, which have come out of the love marriage proposal between the 2nd petitioner and the son of the 1st respondent and the present case is on of such case.
4. A perusal in fact falls short for this Court to admit the quash petition to quash the calendar case proceedings.
5. Hence, the criminal petition is disposed of giving liberty to the petitioners to move an application for discharge if there are no grounds to frame charges before the trial Court, the learned Magistrate there from to consider only from the prosecution material on own merits. Needless to say, both the petitioners are ladies of whom the 2nd petitioner is hardly 20 years, who is daughter of the 1st
petitioner. The learned Magistrate, if any application is filed by the petitioners either under Section 205 Cr.P.C. or Rule 37 of the Criminal Rules of Practice, to permit them to represent either through Special Vakalat holder or the other, after hearing shall permit with necessary conditions including personal appearance as and when required.
6. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 13th October 2015.
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