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High Court for State of TelanganaCRLP/4731/2016disposed of no costs

Pasupula Santhosh Yadav v. The State Of Telangana,

2016-04-06Raja Elango1 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4731 OF 2016 ORDER:

The petitioners-A1 to A3 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 CC.No.49 of 2012 on the file of the Judicial Magistrate of First Class, Siddipet, Medak District.

Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 420, 498-A and 395 IPC 3 & 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 petitioners and other accused. After duly enquiring into the complaint filed by the de facto complainant, the police filed charge sheet. A reading of the charge sheet also reveals some allegations against the petitioners, truth of which can be decided after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

At this stage, the learned Counsel for the petitioners prayed for dispensing with the presence of the petitioners before the trial Court. In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners 2 and 3 i.e. A2 and A3 only is dispensed with before the trial Court, except on the dates of framing of charges, if any, examination under Section 313 Cr.P.C., and also on the date of pronouncement of judgment. The petitioners are directed to be represented through a Counsel before the trial Court on all hearing dates. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J April 06, 2016.

KTL