HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10319 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 petitioners/accused Nos.2 and 3 in C.C.No.7612 of 2021 pending on the file of the learned III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar, registered for the offences punishable under Sections 498-A and 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.
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 contended by the learned counsel for the petitioners that the petitioners are innocent and a false complaint has been foisted against them by respondent No.2/de-facto complainant. Therefore, he prayed to quash the proceedings against them.
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioners at this juncture and the matter has to be decided after conducting trial by the Court below. 2
5. On a perusal of the charge sheet, this Court is of the view that 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.
6. Taking into consideration the fact that only general allegations are leveled against the petitioners/accused Nos.2 and 3, their appearance/attendance before the learned III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar, in C.C.No.7612 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. 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 period of three (03) weeks, without being influenced by any of the observations made by this Court in the present order.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 17.10.2023 vsl 3 59 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PETITION No.10319 of 2023 Date: 17.10.2023 vsl