Hassan Ali v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.8302 of 2015 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of all further proceedings in C.C.No.268 of 2014 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad District in respect of the petitioners/accused Nos.2 and 3. A charge sheet came to be filed against the petitioners and three others for the offences punishable under Sections 498A, 509, 506 read with Section 34 of IPC and Sections 4 and 6 of Dowry Prohibition Act.

The averments in the charge sheet are that the informant and A1 got married on 09.11.2010. At the time of marriage, the mother of the informant gave cash of Rs.50,000/-, 5 tulas gold and other house hold articles and incurred about Rs.8,00,000/- towards marriage expenses. Both of them lived together for a period of one year. Later, all the accused are alleged to have harassed the informant physically and mentally demanding additional dowry. On various occasions, the accused were alleged to have threatened the informant with dire consequences if the dowry is not paid to them as demanded. On 14.11.2013, the accused are alleged to have quarreled with the informant and necked her out by snatching all her gold ornaments and further demanded for additional dowry. Basing on these allegations, a report came to be lodged against the petitioners and others.

Though various grounds are raised by the learned counsel for the petitioners, but, having regard to the nature of allegations made; since the allegations prima facie constitute the offences alleged and as there is no dispute with regard to their identity, the learned counsel for the petitioners restricts his prayer seeking dispensation of the presence of the petitioners before the trial Court. Learned Public Prosecutor submits that he has no objection for the same, since the identity of the petitioners is not in dispute. Having regard to the circumstances stated above, the presence of the petitioners who are A2 and A3 in C.C.No.268 of 2014 on the file of XV

Additional Chief Metropolitan Magistrate, Hyderabad District is dispensed with except on the dates when their presence is specifically required by the trial Court.

Accordingly, the Criminal Petition is disposed of. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

____________________ C. PRAVEEN KUMAR, J 13.10.2015 vhb