THE HONOURABLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION No.10804 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- accused Nos.2 to 4 to quash the proceedings against them in C.C.No.6267 of 2023 pending on the file of learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 498-A and 406 of the Indian Penal Code (for short 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act (for short 'the Act').
02. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1- State. Perused the record.
03. It is contended by the learned counsel for the petitioners that the petitioner No.1 was the mother-in-law and petitioners No.2 and 3 were sisters-in-law of respondent No.2 and that petitioner No.1 was aged about 60 years and petitioners No.2 and 3 were residing separately and they were innocent and a false complaint had been foisted against them by respondent No.2/de-facto complainant.
04. On the other hand, learned Assistant Public Prosecutor for the State-respondent No.1 contended that was is not a fit case to 2 quash the proceedings against the petitioners at this juncture and that the matter had to be decided after conducting trial by the Court below.
05. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
06. Considering the submissions of the learned counsel for the petitioner and taking into consideration the fact that the petitioner No.1 is a senior citizen and the petitioner Nos.2 and 3 are sisters-in- law of the respondent No.2, appearance/attendance of the petitioners in C.C.No.6267 of 2023 before the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad is dispensed with, unless their presence is required by the trial Court for a specific purpose, or at the time of recording their examination under Section 313 of Cr.P.C., and on the date of pronouncement of Judgment.
07. Accordingly, this Criminal Petition is disposed of. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________ Dr. G. RADHA RANI, J Date: 02-NOV-2023 KHRM 3 121 THE HONOURABLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.10804 OF 2023 Date: 02-NOV-2023 KHRM