Court rejected petition to quash criminal proceedings under Section 498-A IPC and Dowry Prohibition Act. Ordered trial court to dispose case within three months without insisting on petitioner's presence for routine adjournments.
Order disposed directing lower court to dispose case expeditiously within 3 months; pending applications closed.
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.494 of 2014
ORDER:
The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.571 of 2012 on the file of the Additional Judicial Magistrate of First Class, Kavali, registered for the offences punishable under Section 498-A IPC and under sections 3 & 4 of Dowry Prohibition Act.
Heard the learned counsel appearing for the petitioners/A2 & A3 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 and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to dispose of the calendar case, as expeditiously as possible, preferably within a period 3 (three) months from the date of receipt of a copy of this order, however, without insisting for the presence of the petitioners/A2 & A3 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose.
Pending miscellaneous applications, if any, shall stand closed in consequence.
M.S.K.JAISWAL,J
Date: 09.06.2016 Dsr
3 issues framed by the court
Whether the criminal proceedings under Section 498-A IPC and Dowry Prohibition Act should be quashed under Section 482 Cr.P.C.
Whether the trial court should dispose of the impugned case expediently.
Whether the petitioners must be present for each adjournment during trial.
3 provisions across 3 enactments
Petitioners/A2 & A3
State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
