Kondreddy Nageswara Rao v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7082 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.226 of 2016 on the file of the I Additional Junior Civil Judge, Bhimavaram, West Godavari District.

Heard the learned counsel appearing for the petitioners/accused and the learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 2nd respondent/wife made a specific complaint under Sections 427, 354(A), 506 r/w 34 of IPC against the petitioners/accused. 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 to proceed against the petitioners/accused. However, it appears that there are civil disputes between the parties for more than a decade.

In that view of the matter, the Criminal Petition is disposed of directing the Court below to proceed with the trial of the case without insisting for the presence of petitioners/A1 and A3 on each

and every adjournment, unless it feels that their presence is necessary for any specific purpose.

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

__________________ M.S.K.JAISWAL,J Date: 02.06.2016 pab