[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.935 OF 2012 Dated 18-6-2014 Between:
Edulapuram Venu Madhav and others.
..Petitioners.
And:
The States of Telangana and Andhra Pradesh, represented by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.935 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.556 of 23011 on the file of Judicial First Class Magistrate at Bhadrachalam, Khammam District for the offences under Sections 498-A and 109 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
Heard the advocate for petitioners.
It is contended that de facto complainant and her husband i.e., A.1 never lived together with the petitioners and all the petitioners are residents of Karimnagar District whereas the de facto complainant and her husband lived at Hyderabad on account of their employment. It is submitted that there is no prima facie material attracting the offences under Sections 498-A and 109 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
I have perused material papers filed along with Criminal Petition.
Sub-Inspector of Police after examining eight witnesses filed charge sheet against the petitioners stating that they have committed offences under Sections 498-A and 109 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. The statements of the witnesses recorded by the Investigating Officer are not before this court and the correctness of those statements can not be decided in a petition under Section 482 Cr.P.C. The grounds now urged in the petition are the defences available to the petitioners and they have to be agitated during trial of the case. Since the petitioners 2 to 5 are only relatives of the husband of the de facto complainant and considering their ages, I feel that the petition can be disposed of directing the court below to speed up the trial of the case and dispose of it within stipulated time by dispensing with the presence of the petitioners 2 to 5 for each and every adjournment.
For these reasons, trial court is directed to take up trial in C.C.No556 of 2011 and dispose it of within eight months from the date of receipt of a copy of this order and the presence of the petitioners 2 to 5 is dispensed with for each and every adjournment during trial. However, they shall appear before the court below as and when the trial court feels that their physical presence is necessary.
Accordingly, this Criminal Petition is disposed of.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 18-6-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.935 OF 2012 Dated 18-6-2014