HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8739 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 petitioners/accused Nos.2 to 4 to quash the proceedings against them in C.C.No.1202 of 2022 pending on the file of learned Judicial First Class Magistrate at Mulugu, registered for the offences under Sections 498-A of the Indian Penal Code (for short 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'the Act, 1961').
02. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. 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, prayed to quash the proceedings against them.
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04. On the other hand, learned Assistant Public Prosecutor for the State-respondent No.1 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.
05. 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.
06. Taking into consideration the fact that bald and general allegations are leveled against the petitioners / accused Nos.2 to 4, the appearance/attendance of the petitioners/accused Nos.2 to 4 before the learned Judicial First Class Magistrate at Mulugu in C.C.No.1202 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 to 4 are at liberty to file 3 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. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 11-SEP-2023 KHRM 4 131 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8739 OF 2023 Date: 11-SEP-2023 KHRM