Criminal petition under Section 482 Cr.P.C. to quash proceedings in C.C.No.66 of 2016 for offences under Sections 498-A IPC, 354-D IPC and Dowry Prohibition Act was dismissed, directing trial to proceed.
Proceeding with trial directed; proviso regarding non-mandatory presence of A2-A10 for each adjournment granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CRI MI NAL PETI TI ON No.12777 of 2016
ORDER:
The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.66 of 2016 on the file of the XIV Metropolitan Magistrate at L.B.Nagar, R.R.District, registered for the offences punishable under Sections 498-A and 354-D IPC and under sections 4 & 6 of Dowry Prohibition Act.
Heard the learned counsel appearing for the petitioners/A1 to A10 and the learned Additional Public Prosecutor, representing the State.
Specific allegations were made in the complaint against the petitioners. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.
In the facts and circumstances of the case, the Criminal Petition is disposed of, directing the Court below to proceed with the trial, however, without insisting for the presence of the petitioners/A2 to A10 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. It is made clear that the 1st petitioner/A1 shall continue to appear before the Court below throughout the trial.
Pending miscellaneous applications, if any, shall stand closed in consequence.
__________________ M.S.K.JAI SWAL,J
Date: 08.09.2016 Dsr
3 issues framed by the court
Whether criminal proceedings under Sections 498-A IPC, 354-D IPC and provisions of Dowry Prohibition Act should be quashed under Section 482 Cr.P.C.
Whether the petitioner ought to be compelled to appear for all adjournments during trial
Whether trial should proceed with a proviso regarding physical presence for specific purposes
5 provisions across 3 enactments
1st Petitioner (A1)
Petitioners (A1-A10)
State
M.S.K. Jai Swal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
