CRLP/5970/2013 of Sarangam Naga Poorna Chandra Mahendar, Vs The State of Andhra Pradesh, on 31 December 2013

ORDER:

This petition is filed by the petitioners/A-1 to A-3under Section 482 Cr.P.C. seeking quashing ofproceedings in C.C.No.92 of 2013 on the file of theSpecial Judicial First Class Magistrate (for Prohibition andExcise) Court, Guntur. A charge sheet came to be filedagainst the petitioners for the offences punishable underSection 498-A I.P.C. and Section 3 and 4 of DowryProhibition Act, 1961.

2. At the time when the matter is taken up for hearing, the learned counsel for the petitioner seeks permission ofthis Court to withdraw the criminal petition againstpetitioner No.1/A-1. He further submits that, pending thesaid application, A-2 died on 22.06.2013. Though thepresent application is filed for quashing of proceedings,learned counsel restricts his prayer seeking dispensationof the presence of the petitioner No.3/Accused No.3 onthe ground that she underwent operation recently and itwould be difficult for her to attend the Court on every dateof adjournment.

3. Having regard to the facts and circumstances andtaking into consideration the age and health condition ofthe 3[rd] petitioner/A-3, her presence in C.C.No.92 of 2013on the file of the Special Judicial First Class Magistrate (forProhibition and Excise) Court, Guntur, is dispensed with,except on the dates when her presence is specificallyrequired by the Court below.

4. Accordingly, the Criminal Petition is dismissed aswithdrawn insofar as Petitioner No.1/A-1 is concerned. Inview of the death of petitioner No.2/accused No.2 theCriminal Petition is dismissed as the case against him getabated. Insofar as the petitioner No.3/accused No.3 isconcerned the Criminal Petition is disposed of with theabove direction.

5. As a sequel, Miscellaneous Petitions, if any,pending in this Criminal Petition shall stand closed.

31[st] December 2013.

mar

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C. PRAVEEN KUMAR, J