HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13341 of 2010 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.55 of 2007 on the file of the Judicial Magistrate of First Class, Palakonda, whereby they are facing charge for the offence punishable under Sections 448, 509 and 323 read with 34 of IPC. Heard both sides. Learned counsel for the petitioners raised the following grounds for consideration: 1. The entire material including the complaint and statement of witnesses is completely false and baseless allegations. Hence it is illegal. 2. It is submitted that the petitioners have not having any relationship with the complainant/complainant’s husband herein 1st petitioner except the 2nd petitioner is wife of the 1st petitioner and the 1st petitioner married the 2nd petitioner after divorce granted by the Hon’ble Senior Civil Judge Court at Rajam. After their marriage the complainant lodged this case is no merits. Hence it is illegal. 3. It is submitted that the 1st petitioner and the complainant both are living separately and also the Hon’ble Court granted divorce in the year 2004. After that the complainant lodged a complaint against the petitioners is illegal. 4. It is submitted that the petitioner’s 3 to 8 are innocent persons and also they are well- wishers of the 1st and 2nd petitioners herein. Although she does not live the petitioners for filing of false complaint against them. Hence it is illegal. 5. It is submitted that the complaint is not having any merits. The complainant created so much lot of problems to the 1st petitioner and the 2nd petitioner and only harassment purpose and created problems to the 1st petitioner and the 2nd petitioner in all their aspects and in all their ways. Hence she lodged a false complaint against their well-wishers and other friends. Hence it is illegal. 6. The other grounds may be urged at the time of hearing. This Court perused the complaint and also the materials placed. On perusal of the records and after hearing the arguments, this Court is of the view that whether the allegations are false in nature or true in nature to be tried before the trial Court. The petitioners are at liberty to cross-examine the witnesses to find out the falsity of the allegations concerned. Hence, this Court is of the view that it is not a case to quash the proceedings at the stage. In any event, taking into consideration that the identification of the petitioners 2 to 8 already been informed in the complaint, and also in the evidence recorded by the Magistrate while taking cognizance, their presence before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall properly be represented through their counsel. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. As far as the first petitioner is concerned, the charge is abated and the criminal petition is dismissed as he died. ________________ RAJA ELANGO, J. 14th March 2011, Rns.