THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8944 of 2011 ORDER: Petitioner – accused No.1 approaches this Court by invoking the provisions under Section 482 of Cr.P.C. seeking to quash the proceedings against him in C.C.No.130 of 2011 on the file of the Judicial Magistrate of First Class, Sullurpet, Nellore District, whereby the petitioner is facing trial for the offence punishable under Sections 498(A) IPC and 3 and 4 of the Dowry Prohibition Act. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State. The main contention raised by the learned counsel for the petitioner is that the second respondent-complainant foisted the case with malafide intention and the allegations made by the complainant are all false and further when the petitioner questioned the complainant about her illicit intimacy with one Jelli Subramanyam, a false complaint is lodged by the complainant. This Court is of the view that the above contentions are to be decided at the time of trial only and the petitioner is directed to raise all the points before the trial Court and this Court is not inclined to interfere with the trial at this stage. With the above observation, the Criminal Petition is disposed of. However, as the offence arises out of matrimonial disputes, where the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and he shall properly be represented through his counsel. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 23rd August 2011 Rns