HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8584 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.4 to quash the proceedings against her in C.C.No.6722 of 2022 pending on the file of the XV Addl. Chief Metropolitan Magistrate at Hyderabad, which has taken cognizance for the offences punishable under Section 498-A, 406 and 506 of IPC and Sections 4 and 6 of Dowry Prohibition Act.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. It is the contention of the learned counsel for the petitioner that the petitioner is sister of accused No.2 and she is falsely implicated in the case and there are no specific allegations made against her except general 2 allegations. Therefore, prayed to quash the proceedings against the petitioner herein.
04. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioner as police have investigated the case and filed charge sheet against her. 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 after conducting trial by the Court below.
05. Taking into consideration the fact that the petitioner/accused No.4 is sister of accused No.1 and she has not shared the house hold of respondent No.2 and accused No.1 at any point of time and also no specific overt acts are leveled against her, the appearance/attendance of petitioner/accused No.4 before the XV Addl. Chief Metropolitan Magistrate at Hyderabad, in C.C.No.6722 of 2022 is dispensed with, unless her presence is required by the Trial Court for a specific purpose, or at the time of recording her examination under Section 313 Cr.P.C., and 3 on the date of pronouncement of Judgment. However, the petitioner/accused No.4 is 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.
06. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 06-09-2023 gvl 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8584 OF 2023 Date: 06-09-2023 GVL