The single-judge criminal court dismissed the petition as infructuous to quash charges in a matrimonial dispute case where the trial had already commenced. The petitioner was advised to seek appearance exemption before the trial court.
Petition dismissed as infructuous; liberty to move trial court for exemption of appearance.
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THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION No.8761 of 2015
ORDER:
This Criminal petition is filed to quash the charges in C.C.No.105 of 2015 on the file of the I Additional Junior Civil Judge-cum-II Additional Judicial First Class Magistrate at Bhimavaram, West Godavari District.
After due investigation in Crime No.173 of 2014 on the file of Akiveedu Police Station, the police filed charge sheet before the II Additional Judicial Magistrate of First Class, Bhimavaram and charges were framed by the trial Court. The specific charges framed against the petitioners is for the offences punishable under Sections 498 (A) and 506 IPC r/w 34 IPC and Section 3 & 4 of the Dowry Prohibition Act.
According to the submission made by the learned counsel for the petitioners the trial has already commenced. Therefore, taking into consideration the stage of trial I find that it is not a fit case to quash the charges framed in C.C.No.105 of 2015.
Accordingly, the Criminal Petition is dismissed as infructuous. The petitioners are at liberty to move appropriate application before the II Additional Judicial Magistrate of First Class, Bhimavaram seeking exemption of appearance of the petitioners.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
M.SATYANARAYANA MURTHY, J.
5th October, 2015
Js.
1 issue framed by the court
Whether the criminal petition is a fit case for quashing of charges at the trial stage.
Undisclosed Petitioner(s)
Undisclosed Respondent State
M.Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
