Criminal Petition to quash a charge sheet was disposed of. The court granted liberty to the petitioner to seek remedies before the trial court and dismissed incidental miscellaneous petitions, without examining merits.
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HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.8492 OF 2012 Dated 20-8-2014
Between:
Ramisetti Babitha.
..Petitioner.
And: R.Kalpana and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.8492 OF 2012 ORDER:
This petition is filed to quash charge sheet in C.C.No.629 of 2012 on the file of IV Additional District Munsif, Tirupati for alleged offences under Sections 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
Heard both sides.
Advocate for petitioner mainly contended that the petitioner is sister-in-law of de facto complainant who married 20 years back and living separately and she is unnecessarily roped into the matrimonial disputes. He further submitted that except the interested testimonies of kith and kin of the de facto complainant, no independent witnesses are examined and even the evidence of relatives of the de facto complainant is only hearsay evidence and there is no material to attract the offences, alleged.
I have perused the material papers filed along with the quash petition.
Considering the submissions of the advocate for revision petitioner and the material papers, I am of the view that without going into the merits of the case by
giving liberty to the petitioner to approach the trial court to avail remedies available under law including filing discharge petition and by dispensing with the presence of the petitioner for each and every adjournment, this petition can be disposed of.
Accordingly, this Criminal Petition is disposed of giving liberty to the petitioner to avail remedies available under law including filing of discharge petition before the trial court and urge all these grounds before the trial court and the trial court shall consider them without being influenced by disposal of this petition, by dispensing with the presence of petitioner for each and every adjournment. However, the petitioner shall appear as and when the trial court feels that her physical presence is necessary for any specific purpose.
As a sequel to the disposal of this revision, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
____________________ JUSTICE S.RAVI KUMAR
Dated 20-8-2014. Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR
CRIMINAL PETITION No.8492 OF 2012
Dated 20-8-2014
Dvs
Ramisetti Babitha
R. Kalpana
S. Ravi Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
