CRLP/14043/2011 of Smt. A.Hemalatha Vs V.Subhashchandra Reddy on 30 December 2011

Conclusion

ORDER:-

Heard.

There are specific allegations, which are triable and there beingadmitted strained relationship between the complainant and thepetitioners. Though the allegation of house trespass made againstwife by the husband may be a fact, which has to be decided only aftertaking the evidence. So far as the offence under Section 506 of theIndian Penal Code is concerned, it has to be assessed on merits.

Therefore, in view of the above circumstances, it is not a casefor quashing of the charge sheet. But, however, since petitionerNo.2/A.2 is a resident of Khammam and petitioner No.4/A.4 beingaged about 55 years and mother of A.1, their personal appearance isdispensed with except on the date of examination of the accusedunder Section 313 of the Criminal Procedure Code (for short, ‘Cr.P.C.’)and on the date of judgment. The lower Court may consider therequest of petitioners Nos.1 and 3/A.1 and A.3, if an application underRule 44 Cr.P.C., is filed.

Accordingly, the Criminal Petition is disposed of.

Date: 30-12-2011INL

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JUSTICE N.R.L. NAGESWARA RAO