HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2995 of 2013 Date: 24-7-2014 Between Shaik Mazheruddin, and 4 others.
… Petitioners/ Accused 1 to 5 and Smt. Shahnaz Sultana, w/o. Shaik Mazheruddin, and another.
… Respondents HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2995 of 2013 Order:
This criminal petition was filed by Accused 1 to 5 in C.C.No.892 of 2010 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad seeking for the quashment of the same.
2 . The first respondent is the de facto complainant. Her complaint was registered as FIR in Crime No.362 of 2010 by Women Police Station, Central Crime Station, Hyderabad. Subsequently, charge-sheet was filed alleging that the petitioners herein, who are accused 1 to 5, committed the offences under Sections 498-A IPC read with Section 34 IPC as well as under Sections 4 and 6 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.892 of 2010 and dispose of the same on merits. During the pendency of C.C.No.892 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.892 of 2010. During the pendency of C.C.No.892 of 2010, the petitioners, who are accused 1 to 5, 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 criminal petition shall stand closed.
Dr. K.G.SHANKAR, J.
24th July, 2014. Isn HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2995 of 2013 24th July, 2014. (Isn)