HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8366 OF 2010 Dated : 31.08.2010 Between : Mohd.Fareed Khan … Petitioner-A.2 A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8366 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.2 seeking to quash the proceedings in C.C.No.489 of 2009 on the file of the XIII Additional Chief Metropolitan Magistrate at Red Hills, Hyderabad. Heard. Initially, the complainant filed a private complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate- cum-Mahila Court at Nampally, Hyderabad, alleging physical and mental harassment by the accused against the complainant demanding additional dowry. The said private complaint was referred to the Station House Officer, WPS, Hyderabad, under Section 156 (3) Cr.P.C. for investigation and report. On receiving the private complaint being referred by the Court, Police registered a case in Crime No.5 of 2007 for the offence punishable under Sections 498A, 420 and 384 of Indian Penal Code and Sections 4 and 6 of Dowry Prohibition Act. Further, after due investigation, Police filed charge sheet against petitioner and other accused. Petitioner is the father-in-law of the de facto complainant. In this case after due investigation Police filed charge sheet as prima facie case is made out against the petitioner and other accused. As such, now, it is for the trial Court to probe into the matter, adjudicate the case basing on the oral and documentary evidence to be placed before it. Hence, this Court is not inclined to interfere with the proceedings before the trial Court at this stage. Therefore, this Criminal Petition is liable to be dismissed. In any event, taking into consideration the nature of allegations wherein the question of identity of the accused does not arise, the appearance of the petitioner before the trial Court is dispensed with except on the dates the trial Judge insists for the same. It is submitted by the learned counsel for the petitioner that non- bailable warrant is pending against the petitioner and he requested this Court to suspend the non-bailable warrant to enable the petitioner to appear before the trial Court to inform the order of this Court in this petition. Considering the same, the non-bailable warrant issued against the petitioner is suspended for a period of eight weeks from today with a direction to the petitioner to appear before the trial Court. With above observations, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 31.08.2010 sur