HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8679 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 and 3 to quash the proceedings in C.C.No.355 of 2023 on the file of the learned I Additional Judicial Magistrate of First Class at Godavarikhani, registered for the offence under Section 498-A and 188 of the Indian Penal Code (for short 'IPC') and Section 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Though the present petition is filed seeking to quash the proceedings against the petitioners in C.C. No.355 of 2023, during the course of arguments, learned counsel for the petitioners confined his prayer to the extent of dispensing with the personal appearance of the petitioners/accused Nos.2 and 3 before the trial Court. 2
4. Taking into consideration the fact that only general and omnibus allegations are leveled against the petitioners/accused Nos.2 and 3, who are the parents of petitioner/accused No.1, the appearance/attendance of the petitioners/accused Nos.2 and 3 before the learned I Additional Judicial First Class Magistrate at Godavarikhani, in C.C. No.355 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. No such relief is given so far as petitioner/accused No.1 is concerned.
5. Further, the petitioners/accused Nos.2 and 3 are at liberty to file an application before the trial Court seeking their discharge. On such application being filed, the trial Court shall dispose of the same on merits within three weeks from the date of filing of the said petition, without being influenced by any of the observations made by this Court.
6. Accordingly, the Criminal Petition is disposed of. 3
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 08.09.2023 dgr 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8679 OF 2023 Date: 08.09.2023 dgr