HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9357 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 her in C.C.No.6838 of 2022 pending on the file of II Additional Junior Civil Judge - cum - XIII Metropolitan Magistrate, Medchal - Malkajgiri District at Kukatpally. The offences alleged against the petitioner are under Section 498-A of the Indian Penal Code (for short 'IPC') and Sections 4 and 6 of the Dowry Prohibition Act (for short 'DP Act')
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 innocent and a false complaint has been foisted against her by the de-facto complainant with bald and general allegations. Learned counsel further contended that the police without due investigation filed charge sheet against the petitioner. Therefore, prayed to quash the proceedings against the petitioner.
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4. On the other hand, learned Assistant Public Prosecutor contended that the police has filed charge sheet against the petitioner only after due investigation and that it is not a fit case to quash the proceedings against the petitioner at this juncture as the matter has to be decided only after conducting trial by the Trial Court.
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 sister of accused No.1; and only general allegations are leveled against her, 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.
7. Accordingly, the appearance/attendance of the petitioner - accused No.4 before the Court of II Additional Junior Civil Judge - cum - XIII Metropolitan Magistrate, Medchal - Malkajgiri District at Kukatpally in C.C.No.6838 of 2022 is dispensed with, unless her 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 GAC,J Crl.P.No.9357_2023 3 liberty to move an application before the trial Court seeking to discharge her from the case. On such application being filed and if any prima facie case is not made out against her, 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.
8. Subject to the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 25.09.2023 ns