HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9036 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 him in C.C.No.1709 of 2023 pending on the file of V Additional Metropolitan Magistrate at L.B.Nagar, Hyderabad. The offences alleged against the petitioner are under Sections 498(A), 323 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State and perused the record.
3. It is contended by learned counsel for the petitioner that the petitioner is a student and brother of accused No.1 and that he is innocent. Learned counsel further contended that in order to pressurize accused No.1, the present false complaint has been foisted against all the accused by the de-facto complainant with bald and general allegations. Learned counsel also contended that the petitioner has never shared the roof with de facto complainant and accused No.1 and that there are no specific overt acts alleged GAC,J Crl.P.No.9036_2023 2 against the petitioner; and the police without duly investigating the case filed charge sheet against the petitioners. Therefore, prayed to quash the proceedings against the petitioner.
4. On the other hand, learned Assistant Public Prosecutor contended that after due investigation, the police have filed charge sheet against the petitioner. He further contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and that the matter has to be decided only after conducting trial by the Court below.
5. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.
6. Taking into consideration the fact that the petitioner - accused No.4 is a student and brother of accused No.1; and only general allegations are leveled against him, this Court is of the considered opinion that the appearance/attendance of the petitioner - accused No.4 before the trial Court shall be dispensed with.
GAC,J Crl.P.No.9036_2023 3
7. Accordingly, this Criminal Petition is disposed of. The appearance/attendance of the petitioner - accused No.4 before the Court of V Additional Metropolitan Magistrate at L.B.Nagar, Hyderabad in C.C.No.1709 of 2023 is dispensed with, unless his presence is required by the trial Court for a specific purpose or at the time of recording examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioner is at liberty to move an application before the trial Court seeking to discharge him from the case. On such application being filed and if prima facie case is not made out against him, the trial Court shall consider the same and pass appropriate orders within a period of three (03) weeks from the date of filing of the said discharge petition without being influenced by any of the observations made by this Court in this order.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 19.09.2023 ns