HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINIAL PETITION No.8549 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, 3 and 7 to quash the proceedings against them in C.C.No.9910 of 2022 pending on the file of the V Additional Chief Metropolitan Magistrate at Hyderabad, which was taken cognizance of the offences punishable under Section 420 r/w 34 of IPC.
02. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. The facts of the case are that basing on the complaint given by respondent No.2, a case was registered against seven accused including the petitioners herein. It is alleged in the complaint that the family members of accused No.1 tried to perform his marriage with the daughter of de-facto complainant without revealing the first 2 marriage of accused No.1. The said complaint was registered vide FIR No.7 of 2022 dated 08.01.2022 on the file of Tappachabutra Police Station, Hyderabad City for the alleged offence punishable under Section 420 r/w 34 of IPC and the same is pending as C.C.No.9910 of 2022 on the file of the V Additional Chief Metropolitan Magistrate at Hyderabad.
04. It is the contention of the learned counsel for the petitioners that the contents of the complaint or the charge sheet do not attract the offence under Section 420 r/w 34 of IPC as alleged against the petitioners and there is no common intention between the accused for performing any such act as alleged by the prosecution and therefore, prayed to quash the proceedings in C.C.No.9910 of 2022 against them.
05. 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 as police have duly investigated the case and laid charge sheet against them arraying them as accused Nos.2, 3 and 7 and 3 the matter has to be decided after conducting trial by the Court below.
06. Taking into consideration that as the petitioners are made as accused Nos.2, 3 and 7 and no specific overt acts are there against them except general allegations, the appearance/attendance of the petitioners/accused No.2, 3 and 7 before the V Additional Chief Metropolitan Magistrate at Hyderabad, in C.C.No.9910 of 2022 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/ accused Nos.2, 3 and 7 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.
07. Accordingly, this Criminal Petition is disposed of.
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Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 05-09-2023 gvl 5 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8549 OF 2023 Date: 05-09-2023 GVL