HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9874 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners/accused Nos.4 to 7 to quash the proceedings in C.C.No.632 of 2023 on the file of the Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class, Hanamkonda, registered for the offences under Sections 498-A of the Indian Penal Code (for short, 'IPC') and Section 4 of D.P.Act.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Petitioner Nos.1 and 2 are sisters of accused No.1 and petitioners Nos.3 and 4 are husbands of petitioner Nos.1 and 2 respectively.
4. Learned counsel for the petitioners contended that the petitioners are innocent of offence and a false case has been foisted against them. Furthermore, only general and bald allegations are made against the petitioners for being blood 2 relatives of accused No.1. Therefore, he prayed to quash the proceedings against them.
5. On the other hand, learned Assistant Public Prosecutor contended after due investigation, the police have filed charge sheet against the petitioners herein. Therefore, it is not a fit case to quash the proceedings against them at this juncture.
6. On a perusal of the charge sheet, this Court is of the view that the 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.
7. Taking into consideration the fact that only general allegations are leveled against the petitioners/accused Nos.4 to 7, their appearance/attendance before the Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class, Hanamkonda, in C.C.No.632 of 2023 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. Further, the petitioners are 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.
8. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 09.10.2023 PNS 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.9874 OF 2023 Date: 09.10.2023 PNS