Disposes of a Criminal Petition filed by accused Nos. 2 to 4 under Section 482 CrPC to quash proceedings in a dowry and 498-A case, holding that truth of allegations must be determined after trial but dispensing with regular appearance at hearings.
Criminal Petition dismissed; petitioners dispensed with regular appearance at hearings.
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THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11373 of 2016
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.2 to 4 seeking to quash the C.C.No.2015 of 2016 on the file of the Additional Judicial Magistrate of First Class, Sangareddy, for the offences under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.
On a perusal of the record, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
In any event, considering the nature of allegations against the petitioners/accused, presence of the petitioners/accused on each and every hearing before the trial Court is dispensed with, but they shall appear before the trial Court when the trial Court insists for their appearance for any specific purpose.
Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending in this petition, if any, shall stand closed.
JUSTICE M.S.K.JAISWAL
04.08.2016
skmr
2 issues framed by the court
Whether the allegations against the petitioners can be tried only after due trial making quashing inappropriate.
Whether the petitioners depend on appearing before the trial court for every hearing.
Petitioners/Accused Nos. 2 to 4
State
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
