HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9284 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners/accused Nos.2 to 5 to quash the proceedings in C.C. No.1225 of 2019 on the file of the III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Malkajgiri, Medchal-Malkajgiri District, registered for the offences under Sections 498-A, 506 r/w 34 of the Indian Penal Code (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. Though the present petition is filed seeking to quash the proceedings against the petitioners in C.C. No.1225 of 2019, during the course of arguments, learned counsel for the petitioners confined his prayer to the extent of dispensing with the personal appearance of the petitioners/accused Nos.2 to 5 before the trial Court.
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4. Taking into consideration the fact that only general allegations are leveled against the petitioners/accused Nos.2 to 5, who are the mother, sisters and brother-in-law of accused No.1, the appearance/attendance of the petitioners/accused Nos.2 to 5 before the III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Malkajgiri, Medchal- Malkajgiri District, in C.C. No.1225 of 2019, 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.
5. Further, the petitioners/accused Nos.2 to 5 are at liberty to file an application before the trial Court seeking their discharge. On such application being filed, the trial Court shall dispose of the same on merits within three weeks from the date of filing of the said petition, without being influenced by any of the observations made by this Court.
6. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 22.09.2023 MYK 3 57 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PETITION No.9284 OF 2023 Date: 22.09.2023 MYK