Disposed

Landige Yogananda Rao v. State by the Station House Officer

Telangana HC10 Dec 2014CRLP/9186/2012

Case brief

AI extract

What is this about?

The Court observed that the case was not fit for quashing proceedings under Section 482 CrPC. However, based on the advanced age of the petitioners, it granted alternate relief by dispensing with their appearance in the cross case, reserving the trial court's liberty to direct their presence if necessary.

What did the court decide?

Dispensing with the appearance of petitioners A2 and A3 in C.C.No.374 of 2012.

Landige Yogananda Rao Vs State by the Station House… — Dowry and Cruelty | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI

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CRIMINAL PETITION No.9186 OF 2012

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ORDER:

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This is a Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’) by the petitioners/A2 and A3 requesting to quash the proceedings in C.C.No.374 of 2012 on the file of the learned Judicial Magistrate of First Class, Kothapeta of East Godavari District taken on file for the offences punishable under section 498 A read with section 34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act.

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2. When the matter is taken up for hearing, the learned counsel for the petitioners had submitted that though the petition is filed requesting to quash the proceedings in C.C.No.374 of 2012, the prayer in the petition is restricted to ‘dispensing with the appearance of the petitioners/A2 and A3 in the aforementioned calendar case’.

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3. I have heard the submissions of the learned counsel for the petitioners/A2 and A3 and of the learned counsel for the 2^nd respondent/defacto complainant and also of the learned Public Prosecutor representing the first respondent-State.

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4. Considering the facts of the case, this Court is of the view that this is not a fit case for quashing the proceedings. However, considering the advance ages of the petitioners/A2 and A3, this court deems it just and fair to grant the alternate relief now prayed for.

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5. In the result, the Criminal Petition is disposed of dispensing with the appearance of the petitioners/A2 and A3 in C.C.No.374 of 2012 on the file of the learned Judicial Magistrate of First Class, Kothapeta of

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East Godavari District, subject to the observation that the trial Court is at liberty to direct the said accused to appear before it and secure their presence, as and when necessary.

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Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

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____________________________ M.SEETHARAMA MURTI, J Date: 10.12.2014 MVA

Landige Yogananda Rao v. State by the Station House Officer

Case brief

What is this about?

What did the court decide?

Landige Yogananda Rao v. State by the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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