HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9012 of 2014 Date: 20-8-2014 Between Mumtaz Begum and 4 others … Petitioners/ Accused 2 and 4 to 7 and Smt. Shaheda Begum … Respondent/
De facto Complainant
The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9012 of 2014 Order:
This petition was filed by accused 2, 4, 5, 6 and 7 in C.C.No.459 of 2010 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad seeking for the quashment of the same.
2. The 1st respondent is the de facto complainant.
Her complaint was registered as FIR in Crime No.372 of 2010 by Banjara Hills Police Station, Hyderabad.
Subsequently, charge-sheet was filed alleging that the petitioners herein, who are accused 2, 4, 5, 6 and 7 along with accused 1 and 3 committed the offences under Sections 498-A and 506 read with Section 34 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.459 of 2010 and dispose of the same on merits. During the pendency of C.C.No.459 of 2010, the presence of the petitioners before the Trial Court deserves to be dispensed with.
5. Accordingly, this criminal petition is disposed of. The learned XIII Additional Chief Metropolitan Magistrate, Hyderabad is requested to proceed with C.C.No.459 of 2010. During the pendency of C.C.No.459 of 2010, the petitioners, who are accused 2, 4, 5, 6 and 7, 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.
20th August, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9012 of 2014 20th August, 2014. (Ak)