HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9105 OF 2023
ORDER:
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.6 in C.C.No.314 of 2018 pending on the file of the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498-A and 406 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. It is contended by the learned counsel for the petitioner that the petitioner is innocent and a false complaint has been foisted against her by respondent No.2/de-facto complainant. Therefore, he prayed to quash the proceedings against her.
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided after conducting trial by the Court below. 2
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.6 is sister of accused No.1 and only general allegations are leveled against her, her appearance/attendance before the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.314 of 2018 is dispensed with, unless her presence is required by the trial Court for a specific purpose or at the time of recording her examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioner is at liberty to file an application seeking discharge and on such application being filed, the trial Court shall dispose of the same on merits within a period of three (03) weeks, without being influenced by any of the observations made by this Court in the present order.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 20.09.2023 vsl 3 189 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.9105 OF 2023 Date: 20.09.2023 vsl