HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9720 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.1 to 10 to quash the proceedings against them in C.C.No.215 of 2023 pending on the file of Judicial First Class Magistrate, Choutuppal. The offences alleged against the petitioners are under Sections 498-A and 506 read with Section 34 of the Indian Penal Code (for short 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act (for short 'DP Act')
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State and perused the record.
3. The learned counsel for the petitioners contended that specific allegations are made against accused No.1, who is the husband of 2nd respondent. Learned counsel further contended that accused Nos.2 to 10 are innocent and in view of the disputes between accused No.1 and the 2nd respondent, a false complaint has been foisted against them by the de-facto complainant with bald and general allegations. Learned counsel further contended that the GAC,J Crl.P.No.9720_2023 2 police without due investigation filed charge sheet against the accused. Therefore, prayed to quash the proceedings against the accused.
4. On the other hand, learned Assistant Public Prosecutor contended that the police have filed charge sheet against the petitioners only after due investigation and that it is not a fit case to quash the proceedings against the petitioners at this juncture as the matter has to be decided only after conducting trial by the Trial Court.
5. 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.
6. Taking into consideration the fact that the petitioner Nos.2 to 10
- accused Nos.2 to 10 are the family members of accused No.1; and only general allegations are leveled against them, this Court is of the considered opinion that the appearance/attendance of the petitioners - accused Nos.2 to 10 before the trial Court shall be dispensed with.
7. Accordingly, the appearance/attendance of the petitioners Nos.2 to 10 - accused Nos.2 to 10 before the Court of Judicial First GAC,J Crl.P.No.9720_2023 3 Class Magistrate, Choutuppal in C.C.No.215 of 2023 is dispensed with, unless their presence is required by the trial Court for a specific purpose or at the time of recording examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. As there are specific allegations leveled against petitioner No.1 - accused No.1, no such relief is given so far as petitioner No.1 - accused No.1 is concerned.
8. Further, the petitioners are at liberty to move an application before the trial Court seeking to discharge them from the case. On such application being filed and if prima facie case is not made out against them, the trial Court shall consider the same and pass appropriate orders within a period of three (03) weeks from the date of filing of the said discharge petition without being influenced by any of the observations made by this Court in this order.
9. Subject to the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.10.2023 ns