IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE TWENTYFOURTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4000OF 2012 Between:
Taneti Lazar & Ors. … Petitioners/A2 to A5 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of A.P.
Hyderabad & Anr. .. Respondents/Complainant Counsel for Petitioners : Sri S. Subba Reddy Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4000 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No.16 of 2012 on the file of II-Additional Judicial Magistrate of First Class, Tanuku, West Godavari district for alleged offences punishable under section 498-A read with 34 IPC and section 494 read with section 109 IPC.
2. Heard both sides.
3. Advocate for petitioners submitted that all the petitioners, who are relatives of husband of defacto complainant are implicated only to harass them. It is submitted that according to complaint allegation, the marriage was a ‘love marriage’ and it was performed against the will of parents of husband and the allegation that all the petitioners have harassed the defacto complainant cannot be accepted on the face of it, as the petitioners are residents of different places and they never lived together with defacto complainant.
4. As seen from the material papers particularly charge sheet, police have examined as many as ten witnesses and as seen from the memo of evidence, all the independent witnesses have spoke about torture and harassment meted out to the defacto complainant. Therefore, at this stage, correctness of statement of those witnesses cannot be decided and further those statements are not before this court.
5. Considering the allegations and nature of offence, I feel by directing the court below to expedite trial and dispose of CC.No. 16 of 2012 within a stipulated time by dispensing with the presence of petitioners for each and every adjournment, this criminal petition can be disposed of.
6. Accordingly, this Criminal Petition is disposed of directing trial court to take up trial court and complete it as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order and the presence of petitioners for each and every adjournment is dispensed. However, they shall appear as and when the court below feels that their physical presence is necessary.
7. With the above observation, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
24/06/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4000 OF 2012 Circulation No.133 Date:24/06/2014 Court Master: I s L Computer No. 20th Court Hall