THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2242 of 2011 ORDER: Petitioners/Accused Nos.2 and 3 approach this Court with a prayer to quash the proceedings initiated against them in C.C.No.36 of 2011 on the file of the Judicial First Class Magistrate, Kanigiri, Prakasam District, wherein they are facing trial for the offences punishable under Sections 498-A and 506 of IPC. The main contention raised by the learned counsel for the petitioners is that excepting stating that the petitioners have harassed the defacto-complainant mentally and physically, no specific allegations are made against the petitioners in the charge sheet. Learned counsel further submitted that whatever the witnesses have stated in their statements, the same is incorporated in the charge sheet. Learned counsel also submitted that petitioner No.2, who is arrayed as Accused No.3, married in the year 1997 itself and living separately. Learned counsel for the petitioners has not filed the statements of the witnesses before this Court. On perusing the entire records placed before this Court and also the grounds raised in this petition, this Court is of the view that the grounds raised herein can be raised before the trial Court and the trial Court is directed to appreciate the same from the available records placed before it. Hence, this Court is not inclined to interfere with the trial. In any event, since the allegations leveled against the petitioners arose out of matrimonial dispute and the question of identity of the accused does not arise, the presence of the petitioners before the trial Court is dispensed with except on the dates the learned trial Judge insists for their presence and the petitioners shall be properly represented by their counsel before the trial Court. With the above observation, the Criminal Petition is disposed of. ____________________ JUSTICE RAJA ELANGO 14.03.2011 v v