THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5078 OF 2011 Date: 27.06.2011 Between: Ramraj Singh …..Petitioner And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5078 OF 2011 ORDER: Heard learned counsel for the petitioner and also learned Additional Public Prosecutor. 2. Petitioner herein is A-7 in C.C.No.315 of 2007 on the file of the Court of XIII Additional Chief Metropolitan Magistrate at Hyderabad (trial Court). The offences alleged are those punishable under Section 498-A read with Section 34 I.P.C. and Sections 4 and 6 of Dowry Prohibition Act, 1961. He filed this petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) to quash the proceedings against him in the said case. 3. The petitioner herein is stated to be the maternal uncle of de facto complainant’s husband. However, the allegations made in the charge sheet do prima facie disclose offence of abetting or instigating the mother of the de facto complainant’s husband to demand dowry. In the circumstances of this case, the various contentions raised by the counsel for the petitioner fall within the purview of disputed questions of fact. Hence this is not a fit case for interference under Section 482 of Cr.P.C. 4. The learned counsel for the petitioner has stated that the petitioner is now aged about 63 years and he is not in a position to attend the trial Court regularly on every date of hearing and therefore his presence before the trial Court may be dispensed with. Having regard to the plea taken by the learned counsel for the petitioner, the presence of the petitioner before the trial Court is dispensed with and he can be represented by his counsel. It shall also be open for the petitioner to file discharge application before the trial Court and the same shall be disposed of by the trial Court without being in any manner influenced by this order. However, it shall be open for the trial Court to order his presence as and when it considers necessary. 5. With the above direction, this Criminal Petition is disposed of at the admission stage. ___________________________ JUSTICE N.RAVI SHANKAR 27th June, 2011. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5078 OF 2011 DATE: 27.06.2011