HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9047 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.1 to 7 to quash the proceedings against them in C.C.No.1996 of 2022 pending on the file of Judicial First Class Magistrate at Amangal, Ranga Reddy District. The offences alleged against the petitioners are under Sections 448, 323, 324, 325, 504, 506 and 509 read with Section 34 of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioners 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 petitioners that the petitioners are innocent and a false complaint has been foisted against them by the de-facto complainant with all false allegations. Learned counsel further contended that the police without due investigation filed charge sheet against the petitioners. Therefore, prayed to quash the proceedings against the petitioners.
GAC,J Crl.P.No.9047_2023 2
4. On the other hand, learned Assistant Public Prosecutor contended that the police has filed charge sheet against the petitioners only after due investigation and that it is not a fit case to quash the proceedings against the petitioners at this juncture as 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 petitioners can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
6. Taking into consideration the fact that there are civil disputes between the parties and no specific overt acts are made against petitioner Nos.2 to 7/accused Nos.2 to 7, this Court is of the considered view that the appearance/attendance of petitioner Nos.2 to 7/accused Nos.2 to 7 before the trial Court shall be dispensed with.
7. Accordingly, the appearance/attendance of petitioner Nos.2 to 7/accused Nos.2 to 7 before the Court of Judicial First Class Magistrate at Amangal, Ranga Reddy District in C.C.No.1996 of 2022 is dispensed with, unless their 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.
GAC,J Crl.P.No.9047_2023 3 No such relief is given so far as petitioner No.1/accused No.1 is concerned.
8. Further, the petitioners are at liberty to move an application before the trial Court seeking to discharge them from the case. On such application being filed and if any prima facie case is not made out against them, 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.
9. Subject to the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 19.09.2023 ns