Garneni Muralikrishna v. Kota Sambasiva Rao

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2687 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.65 of 2016 on the file of the Principal Junior Civil Judge, Sattenapalli, Guntur District, arising out of offences under Sections 457 and 380 IPC.

Heard and perused the material available on record. After arguing for sometime, the learned counsel for the petitioners confined his arguments with regard to dispensing with the presence of the petitioners before the Court below. The entire allegations are arising out of matrimonial disputes and that the fatherin-law lodged a complaint against his daughter-in-law and her relatives alleging that they entered into the house and have taken the jewellers. The police investigated the crime and filed report stating that the complaint is false. However, on protest petition, the Court below has taken cognisance of the case.

In any event, as the case is arising out of matrimonial dispute, the question of identity of the petitioners does not arise, and as such, the presence of the petitioners before the trial Court is dispensed with except on the dates when the trial Court insists for their appearance. The petitioners are directed to be represented by their counsel before the Court below on all hearing dates.

The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 09.03.2016 pln