Mohamed Tajuddin, Vs The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO

CRIMINAL PETITION No. 12450 of 2010

ORDER:

This petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in P.R.C.No.7 of 2007 on the file of the Special Judge for trial of Offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad for the offences under Sections 3(1)(x), (xi) and (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”) and Section 498-A of Indian Penal Code, 1860 (for short, “IPC”).

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After investigation the police have filed charge sheet against 9 accused. The present petitioners are A1 and A3, who are no other than the husband and the brother-in-law of the complainant. The investigation cannot be found fault since the police have fairly deleted the other accused finding no evidence. Therefore, in view of the above circumstances, it cannot be said that there is prima facie case warranting for quashing of the proceedings against the petitioners. The case is also said to have been committed to the Court of Sessions and in view of the above circumstances, the question of quashing the proceedings under Section 482 of Cr.P.C. does not arise.

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The learned counsel for the petitioners submits that the presence of the accused may be dispensed with.

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The petitioners are at liberty to move before the Sessions Court by filing necessary application seeking grievance for dispensing with the presence and the Sessions Court shall pass necessary orders.

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With the above directions, the Criminal Petition is dismissed.

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________________________ N.R.L. NAGESWARA RAO, J

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Date: 04-07-2011 MR

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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO

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CRIMINAL PETITION No. 12450 of 2010

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DATE: 04-07-2011

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MR

Mohamed Tajuddin, v. The State of Andhra Pradesh

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Mohamed Tajuddin, v. The State of Andhra Pradesh

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