HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.8419 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.1284 of 2023 pending on the file of VIII Additional Metropolitan Magistrate, Kukatpally. The offences alleged against the petitioner are under Sections 498(A) and 354A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner, 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 and a false complaint has been foisted against them by the de-facto complainant with bald and general allegations and there are no specific overt acts against the petitioner. Learned counsel further contended that the police without duly investigating the case filed charge sheet against the petitioner. Therefore, prayed to quash the proceedings against her.
GAC,J Crl.P.No.8419_2023 2
4. On the other hand, learned Assistant Public Prosecutor contended that after due investigation, the police have filed charge sheet against the petitioner. He further contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided only after conducting trial by the Court below.
5. On a perusal of the charge sheet, this Court is of the view that 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 against the petitioner.
6. Taking into consideration the fact that the petitioner - accused No.3 is mother of accused No.1; and only general allegations are leveled against her, this Court is of the considerable view that the appearance/attendance of the petitioner - accused No.3 before the trial Court shall be dispensed with.
7. Accordingly, this Criminal Petition is disposed of. The appearance/attendance of the petitioner - accused No.2 before the Court of VIII Additional Metropolitan Magistrate, Kukatpally in C.C.No.1284 of 2023 is dispensed with, unless her presence is required by the trial Court for a specific purpose or at the time of recording examination under Section 313 Cr.P.C. and on the date of GAC,J Crl.P.No.8419_2023 3 pronouncement of judgment. Further, the petitioner is at liberty to move an application before the trial Court seeking to discharge her from the case. On such application being filed and if prima facie case is not made out against her, 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.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 01.09.2023 ns