High Court for State of TelanganaCRLP/2656/2016disposed of no costs

Kotagiri Harish And 6 Others v. The State Of Telangana And Another

2016-03-14Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2656 of 2016 ORDER:

The present criminal petition is filed by the petitioners/A.1 to A.7 under Section 482 Cr.P.C. seeking to quash proceedings initiated against them in C.C.No.7 of 2016 on the file of XIV Metropolitan Magistrate, at L.B. Nagar, Cyberabad, arising out of Crime No.175 of 2015 of Women Police Station, Saroornagar, Cyberabad registered for the offences punishable under Sections 354, 498 A, 506, 406, 420, 509 read with Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act.

Heard the learned counsel for the petitioners and perused the material on record.

The offences alleged against the petitioners are punishable under Sections 354, 498 A, 506, 406, 420, 509 read with Section 34 IPC and Section 3 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 petitioners/ accused.

A reading of charge sheet would reveal that some of the allegations are alleged against the petitioners, the truth or otherwise of which can be decided only after due trial and the same cannot be decided at this stage. Hence, this Court is not inclined to interfere with the proceedings initiated against the petitioners. In any event, considering the nature of allegations wherein the question of identity of the petitioners/accused does not arise, the presence of the petitioners-1, 3 to 7/A-1, A-3 to A-7 before the trial Court is dispensed with except on the dates of framing of

charges and the examination under Section 313 Cr.P.C. However, 2nd petitioner/ A.2 shall appear before the trial Court on all hearing dates on his behalf and on behalf of other accused also. The petitioners-1, 3 to 7/A-1, A-3 to A-7 shall be properly represented through their counsel also before the trial Court. In the event of failure on the part of the 2nd petitioner/A-2 in appearing before the trial Court as directed, the concerned court is always at liberty to proceed further for securing the presence of the 2nd petitioner/A-2 as per law.

Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending in this petition, if any, shall stand closed.

_______________ RAJA ELANGO, J Date: 14-03-2016 Ksn