HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINIAL PETITION No.9593 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused No.3 to quash the proceedings in C.C.No.433 of 2023 on the file of learned Principal Junior Civil Judge-cum- Metropolitan Magistrate, Malkajgiri, Medchal-Malkajgiri District, registered for the offences under Sections 498-A and 406 of the Indian Penal Code (for short, 'IPC').
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Learned counsel for the petitioner contended that basing on the complaint of respondent No.2, a case was registered against the petitioner/accused No.3 and she is innocent of the offences. Furthermore, only general allegations are made against the petitioner and police have mechanically investigated the case and filed a charge-sheet against the petitioner. Therefore, he prayed to quash the proceedings against the petitioner.
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4. On the other hand, learned Assistant Public Prosecutor contended that after due investigation, the police have filed charge sheet against the petitioner herein. Therefore, it is not a fit case to quash the proceedings against the petitioner at this juncture.
5. On a perusal of the charge sheet, this Court is of the view that the truth or otherwise of the allegations made against the petitioner can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.
6. Taking into consideration the fact that only general allegations are leveled against the petitioner/accused No.3, her appearance/attendance before the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Malkajgiri, Medchal- Malkajgiri District, in C.C.No.433 of 2023 is dispensed with, unless her presence is required by the trial Court for a specific purpose or at the time of recording her examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioner is at liberty to file an application seeking discharge and on such application being filed, the trial Court shall dispose of the same on merits within a 3 period of three (03) weeks, without being influenced by any of the observations made by this Court in the present order.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 03.10.2023 PNS 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PETITION No.9593 OF 2023 Date: 03.10.2023 PNS