HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9794 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 4 to quash the proceedings in S.S.C.No.109 of 2021 on the file of the VII Addl. Sessions Judge-cum-Special Court for SC/ST (POA) Act Cases, Warangal.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
3. It is the contention of the learned counsel for the petitioners that bald and general allegations are made against the petitioners.
4. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioners as police have investigated the case and filed charge sheet against them. He further contended that it is not a fit case to quash the proceedings against the 2 petitioners at this juncture and the matter is to be decided after conducting trial by the Court below.
5. Taking into consideration the fact that general and bald allegations are leveled against the petitioner Nos.1, 3 and 4/accused Nos.1, 3 and 4, the appearance/attendance of the petitioner Nos.1, 3 and 4/ accused Nos.1, 3 and 4 before the VII Addl. Sessions Judge-cum-Special Court for SC/ST (POA) Act Cases, Warangal, in S.S.C.No.109 of 2021 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 Cr.P.C., and on the date of pronouncement of Judgment. As specific allegations are leveled against petitioner No.2/accused No.2, no such relief is given to her. However, the petitioners Nos.1 to 4/accused Nos.1 to 4 are at liberty to file discharge petition and on such petition being filed, the trial Court shall dispose of the same on merits within three (3) weeks from the date of filing of the said petition, uninfluenced by any of the observations made in this Order.
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6. Accordingly, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 gvl 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.9794 OF 2023 Date: 06-10-2023 GVL