THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4774 OF 2011 ORDER: Heard Sri Mirza Jalaluddin, who is the petitioner and who is appearing as party-in-person. The point that is raised in this petition is whether the Court of XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar (Trial Court), was correct in refusing to summon the accused in C.C.No.2108 of 2009 as a Court witness. It is seen that the petitioner herein filed a criminal case i.e., C.C.No.2108 of 2009 as a private complaint alleging against his son- in-law the offences punishable under Sections 498-A and 406 of the Indian Penal Code, 1860, under Sections 2 and 3 of the Dowry Prohibition Act, 1961 and Section 3 of the Domestic Violence Act, 1005. The trial Court took up that complaint and commenced trial by following the procedure prescribed for the trial of warrant cases instituted otherwise than on police reports. The order of the trial Court reads that the matter was still at the stage of recording the complainant’s evidence and completing it. It is at that stage, the present petition has been filed. The trial Court dealt with the matter and concluded that having regard to the stage at which the case is, the accused cannot be summoned. The case has not yet reached the stage where the accused can be summoned to examine him or permit the complainant to examine him. In the circumstances of this case, I am of the opinion that the trial Court is perfectly correct in passing the order, which is now impugned in this petition. Accordingly, this Criminal Petition is dismissed. In future, if any such application is filed, the trial Court may also consider whether under the law it is permissible to compel an accused to become a witness. __________________ (N.RAVI SHANKAR, J) 21st June 2011 RRB