P.Chandra v. State Of Ap.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3204 OF 2016 ORDER:

The petitioner-Accused preferred the present Criminal Petition by invoking the provision under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') seeking to quash the proceedings in C.C.No.106 of 2015 on the file of the Judicial Magistrate of First Class, Pakala.

Heard and perused the material available on record. The de facto complainant is the wife of the petitioner. The offences alleged against the petitioner are punishable under Sections 498-A IPC and 4 of the Dowry Prohibition Act. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioner and other accused. A reading of charge sheet also reveals some allegations against the petitioners, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the petitioner does not arise, presence of the petitioner before the trial Court is dispensed with, except on the dates on which his presence is specifically insisted by the learned trial Judge. However, the petitioner is directed to represent through an advocate on all hearing dates Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending in this petition, if any, shall stand closed.

______________ RAJA ELANGO, J March 11, 2016.

KTL