HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8627 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 to quash the proceedings against them in C.C.No.882 of 2023 pending on the file of learned Principal Junior Civil Judge-cum-IV Additional Metropolitan Magistrate, Medchal-Malkajgiri District, Uppal, L.B.Nagar, for the offences under Sections 498-A and 406 of Indian Penal Code (for short 'IPC').
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 the petitioners/accused Nos.2 and 3 are the parents of the petitioner/accused No.1 and only general allegations are leveled against them, their appearance/attendance before the learned Principal Junior Civil Judge-cum-IV Additional Metropolitan Magistrate, Medchal-Malkajgiri District, Uppal, L.B.Nagar, in C.C.No.882 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.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.09.2023 PNS 3 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8627 OF 2023 Date: 06.09.2023 PNS