Mohammed Abu Bakar Mohd Imran vs The State Of Telangana And 2Others
2022 Latest Caselaw 6441 Tel

                                                 Crl.Petition No.10785 of 2022
                                  1




       THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.10785 OF 2022

O R D E R:

This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-

Accused Nos.1 to 3 to quash the proceedings against them in C.C.

No.10316 of 2020 pending on the file of XIII Additional Chief

Metropolitan Magistrate Court at Manoranjan Complex, Nampally,

Hyderabad, registered for the offences under Sections 498-A, 354

of Indian Penal Code and Sections 4 and 6 of Dowry Prohibition

Act.

2. Heard learned counsel for the petitioners - Accused Nos.1 to

3 and learned Additional Public Prosecutor for the respondent -

State. Perused the material on record.

3. The facts of the case are that the 2nd respondent-de facto

complainant was married to accused No.1 on 20.01.2018 and at the

time of marriage, dowry was given to accused No.1. Thereafter,

accused No.1 and his family members started harassing

complainant by demanding additional dowry.

Crl.Petition No.10785 of 2022

4. There are several allegations against the petitioners herein

which are facts to be decided by the concerned Court during the

course of trial. The petitioners herein have to face trial and prove

their innocence. In view of the same, this Court is not inclined to

quash the proceedings in C.C. No.10316 of 2020 pending on the file

of XIII Additional Chief Metropolitan Magistrate Court at

Manoranjan Complex, Nampally, Hyderabad against the petitioners

herein. However, in matrimonial disputes the identification of

parties is not in dispute.

5. Thus, having regard to the facts and circumstances of the

case, the attendance of the petitioners herein - Accused Nos.1 to 3

is dispensed with in C.C. No.10316 of 2020 pending on the file of

XIII Additional Chief Metropolitan Magistrate Court at Manoranjan

Complex, Nampally, Hyderabad, when represented by their counsel

on record on all dates of hearing. The attendance of the petitioners

is dispensed subject to filing an affidavit by the petitioners stating

that in their absence the proceedings conducted by their counsel

will not be disputed by them in any manner and also they shall not

dispute their identity. The petitioners shall appear before the

concerned Court on the date of examination under Section 313 Crl.Petition No.10785 of 2022

Cr.P.C and also on the date of pronouncement of Judgment and

also on all such dates which the trial Court directs. In the event of

the petitioners failure to appear when the Court directs, this order

dispensing their attendance would stand cancelled.

6. Accordingly, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 05.12.2022 mnv