HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.8878 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, 4 and 5 to quash the proceedings against them in C.C.No.4359 of 2022 on the file of the Court of the Additional Judicial First Class Magistrate, Parkal, Jayashankar-Bhupalapally District, for the offences punishable under Sections 498(A) and 494 of the Indian Penal Code (for short 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State and perused the record.
3. Learned counsel for the petitioners seeks permission of this Court to withdraw the Criminal Petition as far as petitioner No.2-accused No.4 is concerned. Permission is accorded.
4. It is contended by learned counsel for petitioner Nos.1 and 3 that petitioner Nos.1 and 3 were roped into the case after 25 years of marriage of respondent No.2 and accused No.1 with all false and GAC,J Crl.P.No.8878_2023 2 baseless allegations; that accused No.1 being a Muslim, the provision under Section 494 IPC is not at all applicable; that the police have mechanically investigated the case and filed charge sheet against petitioner Nos.1 and 3 and others. Therefore, he prayed to quash the proceedings against petitioner Nos.1 and 3.
5. On the other hand, learned Assistant Public Prosecutor contended that after due investigation only, the police have filed charge sheet and that the question as to whether there is involvement of petitioner Nos.1 and 3 in the commission of offence or not is to be decided by the Court below only after conducting full-fledged trial and thereby prayed to dismiss the criminal petition.
6. Taking into consideration the fact that petitioner Nos.1 and 3- accused Nos.2 and 5 are sister and mother of accused No.1 and only bald allegations are leveled against them, this Court is of the considered view that the truth or otherwise of the allegations made against petitioner Nos.1 and 3 can be decided only after conducting full-fledged trial. Hence, this Court is inclined to dispense with the appearance/attendance of petitioner Nos.1 and 3-accused Nos.2 and 5 before the trial Court.
7. Therefore, the appearance/attendance of petitioner Nos.1 and 3-accused Nos.2 and 5 before the Court of Additional Judicial First GAC,J Crl.P.No.8878_2023 3 Class Magistrate, Parkal, Jayashankar-Bhupalapally District, in C.C.No.4359 of 2022 is dispensed with, unless their presence is required by the trial Court for a specific purpose or at the time of examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, petitioner Nos.1 and 3 are at liberty to move an application before the trial Court seeking to discharge them from the case. On such application being filed, if the trial Court is of the prima facie view that there is no case made out against petitioner Nos.1 and 3, it shall pass appropriate orders within a period of three (3) weeks there from, without being influenced by any of the observations made by this Court in this order.
8. Accordingly, this Criminal Petition is disposed of in respect of petitioner Nos.1 and 3-accused Nos.2 and 5 and dismissed as withdrawn as far as petitioner No.2-accused No.4 is concerned.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 13.09.2023 rev