HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9937 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- accused No.2 seeking to quash the proceedings against him in C.C.No.692 of 2023 pending on the file of Court of Judicial Magistrate of First Class, Bhupalapally. The offences alleged against the petitioner are under Section 498-A of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State and perused the record.
3. It is contended by learned counsel for the petitioner that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in this case. He submitted that the allegations levelled against the petitioner are bald and general in nature. He further submitted that the police, without conducting due investigation, filed charge sheet against the petitioner and others. Therefore, he prayed this Court to quash the proceedings against the petitioner in the aforesaid Calendar Case.
GAC,J Crl.P.No.9937_2023 2
4. On the other hand, learned Assistant Public Prosecutor contended that the police has filed charge sheet against the petitioner and others after conducting due investigation and that it is not a fit case to quash the proceedings against the petitioner 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 considered 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 pending against the petitioner in C.C.No.692 of 2023 on the file of Judicial Magistrate of First Class, Bhupalapally.
6. Taking into consideration the fact that the petitioner - accused No.2 is brother-in-law of respondent No.2 and only general allegations are levelled against him, this Court is of the considered view that the appearance/attendance of the petitioner
- accused No.2 before the trial Court can be dispensed with.
7. Accordingly, the appearance/attendance of the petitioner - accused No.2 in C.C.No.692 of 2023 pending on the file of Court of Judicial Magistrate of First Class, Bhupalapally, is dispensed with, unless his presence is required by the trial Court for a specific purpose or at the time of recording examination GAC,J Crl.P.No.9937_2023 3 under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioner is at liberty to move an application before the trial Court for discharge in the aforesaid Calendar Case. On such an application being filed by the petitioner, and if any, prima facie case is not made out against him, 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.
8. Subject to the above directions, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 10.10.2023 YVL