D.Mohan Reddy vs. The State Of Ap.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
25 Nov 2011
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Order Text
THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11245 of 2011
ORDER:
This Criminal Petition is filed under Section 482 of Criminal Procedure Code by the Petitioners seeking to quash the proceedings against them in Crime No.365 of 2006 of Santosh Nagar Police Station, Hyderabad, whereby they are arrayed as accused for the offence punishable under Sections 498(A) and 506 IPC read with 3 and 4 of the Dowry Prohibition Act.
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Heard both sides.
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Learned counsel for the petitioners submitted that even though case registered in the year 2006, no charge sheet was filed till date and by invoking the provisions under Section 468 Cr.P.C., the FIR is liable to be quashed.
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On the other hand, learned Public Prosecutor submitted that already charge sheet was filed in the year 2010.
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Learned counsel for the petitioners further submitted that even assuming the fact that the charge sheet was filed in the year 2010, it is also beyond the limitation period.
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In the circumstances of the case, this Court is of the view that the question of limitation can be raised before the trial Court, where the charge sheet was filed.
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With the above observation, the Criminal Petition is disposed of. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed.
JUSTICE RAJA ELANGO
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25 th November 2011 Rns