SULOCHANA & ORS. Vs. THE STATE

JUDGEMENT

(1.) This petition seeks quashing of criminal proceedings. The petitioner along with co-accused is accused of having committed offences punishable under Sections 498A/406 Indian Penal Code.

(2.) It is urged that the charge-sheet has been filed in the proceedings before the Court. Counsel contended that the petitioners have been placed in Column-II in the charge-sheet, as, according to him, there is no evidence or material against them. It was contended that this is an appropriate case for quashing of criminal proceedings for lack of evidence. Counsel for the petitioner relied upon the judgment reported as Natrajan & Ors. Vs. State, 2006 (2) JCC 650.

(3.) I have considered the materials on record. The decision in Natrajan's case was rendered in the course of revisional proceedings. Therefore, the analogy is not apt. As far as the other submissions regarding merits are concerned, in view of the fact that charge-sheet has been filed, I am of the opinion that recourse to Sec. 482 Code Criminal Procedure at this stage is not appropriate. Further having considered the materials on record, I am of the opinion that the trial Court should not insist on the appearance of the present petitioner at the time of hearing arguments on the point of charge and framing the charges. It shall, in the course of proceedings, and if moved by the petitioner for exemption from personal appearance, consider the application having regard to the facts of the case, including the submission that the petitioners reside in Hamirpur and Bilaspur, Himachal Pradesh. While making its order the trial Court shall impose such conditions as are deemed suitable having regard to the facts of the case.