THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.666 OF 2011 DATED 28th JANUARY, 2011. BETWEEN : M.Srinivas & others .. Petitioners-accused and M.Vijayasree & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.666 OF 2011 ORDER: Petitioners approach this Court with a prayer to quash the proceedings in C.C.No.334 of 2008 on the file of the XIII Additional Chief Metropolitan Magistrate’s Court, Hyderabad, filed for an offence under Section 498A of Indian Penal Code. Heard. Learned counsel for the petitioners submits that while A.2 to A.4 moved anticipatory bail application before the Sessions Court, it was reported that final report has been lodged closing the case, whereas again a charge sheet was filed in C.C.No.334 of 2008 before the trial Court. He further submits that the petitioners were arrested and released on bail. He further contends that after it is informed before the concerned Court that the case is closed, the Police have no power to file any charge sheet. But, it is seen from the record that a letter was filed by the investigation officer, which runs as follows: “It is prayed to the Honourable court that on 5-7-2007 LW-1 Smt.M.Vijaya Shree appeared before the IO and gave a written letter seating that elders of her family members are trying to settle the matter amicably and a compromise with her husband and required to keep her case pending as such IO on that IO has kept the case pending on humanitarian grounds subsequently the complainant informed that the talks has failed and request to take further action against her husband and inlaws. On that Charge sheet was filed by the IO in this case. Hence, the delay in filing charge sheet and request to accept the condone delay for (287) days.” On the basis of the said submission made by the investigation officer, the learned Magistrate has taken cognizance of the offence and proceeded further with the trial. Hence, this Court is of the view that the present complaint can be proceeded. Hence, this Court is not inclined to pass any orders as prayed for by the petitioners. 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 petitioners before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same and the petitioners shall be properly represented through his counsel. With above observations, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 28.01.2011 sur