Karanam Lakshmi Kondala Rao v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11005 of 2016 ORDER:

This criminal petition is filed by the petitioners/A.1 to A.4 under Section 482 Cr.P.C. to quash the proceedings in C.C.No.206 of 2016 on the file of the II-Additional Judicial First Class Magistrate, Tenali.

Heard learned counsel appearing for the petitioners/A.1 to A.4 and learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 2nd respondent/de facto complainant made a complaint against the petitioners/A.1 to A.4 under Sections 498-A and 420 read with 34 IPC. It further appears that on the basis of the said complaint, a specific police case was initiated, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

From a perusal of the record, it cannot be said that there is no material proceed against the petitioners/A.1 to A.4.

In that view of the matter, the criminal petition is

disposed of directing the learned Magistrate to proceed with the trial in C.C.No.206 of 2016 and dispose of the same within a period of six months from the date of receipt of order, however, without insisting for the presence of petitioners/A.2 to A.4 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose.

However, petitioner No.1/A.1 shall continue to appear before the trail Court during the course of trial.

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

__________________ M.S.K.JAISWAL, J 29th July 2016 mar