THE HONOURABLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION No.10713 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- respondent Nos.1 to 4 in DVC No.25 of 2023 pending on the file of the learned Judicial Magistrate of First Class, Tandur.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Learned counsel for the petitioners submitted that 2nd respondent filed a petition under Section 12 of the Domestic Violence Act, 2005 against the petitioners alleging that the petitioners harassed her demanding additional dowry. He further submitted that the petitioners were innocent and a false case had been foisted against them and the petitioners No.2, 3 and 4 were parents and brother of petitioner No.1 and they had nothing to do with the matrimonial life of the petitioner No.1 and the respondent No.2 and prayed to quash the proceedings against the petitioners.
4. On the other hand, learned Assistant Public Prosecutor contended that it was not a fit case to quash the proceedings against the 2 petitioners at this juncture and the matter had to be decided after conducting trial by the Court below.
5. Considering the said submissions of the learned counsel and on perusal of the record, this Court is of the view that the truth or otherwise of the allegations made against the petitioners can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
6. Taking into consideration the fact that only general allegations are leveled against the petitioner Nos.2 to 4, their appearance/attendance only is dispensed with before the learned Judicial Magistrate of First Class, Tandur, in DVC No.25 of 2023 unless their presence is required by the trial Court for a specific purpose or at the time of recording their examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. However, the petitioner No.1 shall appear before the trial court on each and every adjournment.
7. Accordingly, the Criminal Petition is disposed of with the above directions.
Miscellaneous Applications, pending if any, shall stand closed.
______________________ Dr. G. RADHA RANI, J November 01, 2023 KTL