Vadla Narsimha Chary vs The State
2023 Latest Caselaw 3488 Tel

      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

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