THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9035 of 2011 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioners seeking to quash the proceedings in C.C.No.128 of 2011 on the file of the Judicial Magistrate of First Class, Lakkireddipalle, Kadapa District, wherein they are arrayed as A4 and A5 for an offence punishable under Sections 384 and 498(A) read with 34 IPC and 3 and 4 of the Dowry Prohibition Act. 2. Heard both sides. 3. The main contention raised by the learned counsel for the petitioners challenging the charge sheet is that A4 is not staying in Hyderabad and is a student and A5 is married sister and there are no allegations in the complaint or in the charge sheet against the petitioners herein. 4. This Court perused the complaint as well as the charge sheet. According to the investigation, in the said charge sheet the following allegations are made against the petitioners herein. “A4 and A5 confined L.W.1 in the house and demanded to register the plot in their name and harassed L.W.1 at Lakkireddipalli; and Another contention is that A4 and A5 also traveled along with L.W.1 and when she returned from U.S.A., they have traveled along with the complainant and they have taken the passport and PIO card and not only the passport and PIO card of L.W.1 and also her daughter with an intention to restrain them from flying foreign countries and specific allegations are made in the complaint.” 5. Considering the same, this Court is of the view that whether A4 and A5 are living along with the complainant or not is the question to be raised before the trial Court. Since there are prima facie allegations against the petitioners herein, this Court is not inclined to interfere with the trial at this stage. Hence, the present petition is liable to be dismissed. 6. Accordingly, the Criminal Petition is dismissed. In any event, taking into consideration the nature of allegations, wherein the question of identity of the accused does not arise, the presence of the petitioners before the court below is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their counsel. 7. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 27th September 2011, Rns.