THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8557 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners/accused Nos.2 to 4 to quash the proceedings against them in C.C.No.1024 of 2023 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad, for the offences under Sections 498-A read with Section 34 of IPC and Section 4 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Learned counsel for the petitioners contended that petitioner No.1 is the mother, petitioner No.2 is the brother and petitioner No.3 is the father of accused No.1; they are innocent and were falsely roped into the crime and they never shared their household with respondent No.2 and accused No.1. Therefore, prayed to quash the proceedings against the petitioners.
4. On the other hand, learned Assistant Public Prosecutor contended that the police have duly investigated the case and laid 2 the charge sheet against the petitioners. Therefore, prayed to dismiss the Criminal Petition.
5. On a perusal of the charge sheet, this Court is of the view that the 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 to 4, their appearance/attendance before the XV Additional Chief Metropolitan Magistrate at Hyderabad, in C.C.No.1024 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. 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 without getting influenced by any of the observations made by this Court in the present order.
7. Accordingly, the Criminal Petition is disposed of. 3
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.09.2023 TMK 4 THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8557 OF 2023 Date: 05.09.2023 TMK