HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.11626 of 2013 Date: 24-7-2014 Between Mohammed Sarvar and 6 others … Petitioners/ Accused 2 to 6, 8 and 9 and The State, Through SHO, Kothagudem I Town PS, Khammam District, Rep. by Public Prosecutor, High Court of A.P., Hyderabad … Respondent Mohammed Naseema Bhanu … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.11626 of 2013 Order:
This petition was filed by accused 2 to 6, 8 and 9 in C.C.No.35 of 2012 on the file of the I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District seeking for the quashment of the same.
2. The 2nd respondent is the de facto complainant. Her complaint was registered as FIR in Crime No.10 of 2012 by I Town Police Station, Kothagudem. Subsequently, charge-sheet was filed alleging that the petitioners herein, who are accused 2 to 6, 8 and 9 along with accused 1 and 8 committed the offences under Sections 498-A and 324 IPC as well as under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. The learned counsel for the petitioners submitted that the petitioners are not guilty of the offences levelled against them and that the case deserves to be quashed so far as the petitioners are concerned.
4. I therefore consider that it would be appropriate for the Trial Court to proceed with C.C.No.35 of 2012 and dispose of the same on merits. During the pendency of C.C.No.35 of 2012, the presence of the petitioners before the Trial Court deserves to be dispensed with.
5. Accordingly, this criminal petition is disposed of. The learned I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District is requested to proceed with C.C.No.35 of 2012. During the pendency of C.C.No.35 of 2012, the petitioners, who are accused 2 to 6, 8 and 9, need not appear before the Trial Court. Their presence before the Trial Court thus is dispensed with.
However, if the Trial Court considers it necessary for the petitioners herein to be present before the Court on any date of the hearing, the Court may issue such a direction for the presence of the petitioners before the Trial Court. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
24th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.11626 of 2013 24th July, 2014. (Ak)