HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10265 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.2 and 3 to quash the proceedings against them in C.C.No.2025 of 2023 on the file of the III Additional Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District. The offences alleged against them are punishable under Sections 498-A, 323, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
02. Heard learned counsel for the petitioners 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 petitioners that the petitioners are parents of accused No.1, who is husband of respondent No.2 and they are falsely roped into the case. It is further contended that even the contents of complaint also show that bald and general allegations are made against the petitioners 2 and there are no specific allegations against them. Therefore, it is prayed to quash the proceedings against them.
04. 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 petitioners 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 petitioners/ accused Nos.2 and 3, the appearance/attendance of petitioners/accused Nos.2 and 3 before the III Additional Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District, in C.C.No.2025 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. However, the petitioners/ 3 accused Nos.2 and 3 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.
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.10265 OF 2023 Date: 16-10-2023 GVL