HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9433 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.2 to 7 to quash the proceedings against them in C.C.No.870 of 2023 pending on the file of II Additional Judicial First Class Magistrate, Mancherial. The offences alleged against the petitioners are punishable under Sections 498-A and 506 of the Indian Penal Code.
2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.2 - 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 bald and general allegations. Learned counsel further contended that the police without duly investigating the case filed charge sheet against the petitioners. Therefore, he prayed to quash the proceedings against them.
4. On the other hand, learned Assistant Public Prosecutor contended that after due investigation, the police have filed charge sheet against the GAC,J Crl.P.No.9433_2023 2 petitioners. He further contended that it is not a fit case to quash the proceedings against the petitioners at this juncture and 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 the petitioners-accused Nos.2 and 3 are parents, petitioners-accused Nos.4 and 5 are sisters and petitioners-accused Nos.6 and 7 are brother-in-laws of accused No.1 and that only general allegations are leveled against the petitioners, this Court is of the considerable view that the appearance/attendance of the petitioners-accused Nos.2 to 7 before the trial Court shall be dispensed with.
7. Accordingly, this Criminal Petition is disposed of. The appearance/attendance of the petitioners - accused Nos.2 to 7 before the Court of II Additional Judicial First Class Magistrate, Mancherial, in C.C.No.870 of 2023 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 GAC,J Crl.P.No.9433_2023 3 pronouncement of judgment. 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 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.
Miscellaneous applications pending, if any, shall stand closed.
___________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 26.09.2023 rev