HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9763 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.2 to quash the proceedings in C.C. No.5796 of 2022 on the file of the III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar, registered for the offences under Sections 498-A, 406 and 506 of the Indian Penal Code (for short 'IPC') and 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner/ accused No.2 and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Though the present petition is filed seeking to quash the proceedings against the petitioner/ accused No.2 in C.C. No.5796 of 2022, during the course of arguments, learned counsel for the petitioner/ accused No.2 confined his prayer to the extent of dispensing with the personal appearance of the petitioner/ accused No.2 before the trial Court. 2
4. Taking into consideration the fact that only general allegations are leveled against the petitioner/ accused No.2, who is maternal aunt of accused No.1, the appearance/attendance of the petitioner/ accused No.2 before the III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar, in C.C. No.5796 of 2022, 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.
5. Further, the petitioner/accused No.2 is at liberty to file an application before the trial Court seeking her discharge. On such application being filed, the trial Court shall dispose of the same on merits within three weeks from the date of filing of the said petition, without being influenced by any of the observations made by this Court.
6. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 MYK 3 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PETITION No.9763 OF 2023 Date: 06.10.2023 MYK