HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10244 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 petitioner/accused No.3 to quash the proceedings against her in C.C.No.352 of 2015 pending on the file of the XV Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioner are punishable under Sections 498-A, 406 of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. It is the specific contention of the learned counsel for the petitioner that the petitioner is sister of accused No.1, who is husband of respondent No.2 and she is falsely roped into the case. It is further contended that even the contents of complaint show that bald and general allegations are made against the petitioner and there are 2 no specific allegations against her. Therefore, it is prayed to quash the proceedings against her.
04. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioner as police have investigated the case and filed charge sheet against her. He further contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter is to be decided after conducting trial by the Court below.
05. Taking into consideration the fact that bald and general allegations are made against the petitioner/ accused No.3, the appearance/attendance of petitioner/ accused No.3 before the XV Additional Chief Metropolitan Magistrate at Hyderabad, in C.C.No.352 of 2015, is dispensed with, unless her 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. However, the petitioner/accused No.3 is at liberty to file discharge petition and on such petition being filed, the Trial Court 3 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.
06. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 16-10-2023 gvl 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.10244 OF 2023 Date: 16-10-2023 GVL