Telangana High Court
Kummari Prabhu vs The State Of Telangana on 24 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.8538 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/accused Nos.1 to 3, seeking to quash the proceedings against them in S.C.No.118 of 2017 on the file of II Additional District Judges Court at Sanga Reddy, for the offences punishable under Section 304 of IPC.
2. The brief facts of the case are that the accused along with other accused subjected the deceased to mental and physical torture demanding her to bring additional dowry of Rs.20,00,000/-, due to which, the deceased committed suicide on 19.01.2016. Based on the complaint, a case was registered vide Crime No.06 of 2016 by Indrakarn Police, Medak and after completion of investigation, charge sheet was filed vide S.C.No.118 of 2017 on the file of II Additional District Judge Court at Sangareddy.
3. Heard Sri U.V.Suresh Kumar, learned Counsel for the Petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. 2
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4. Learned counsel for the petitioner submitted that there is no such allegation against the petitioner to attract any of the offences alleged and prayed to allow the Criminal Petition by quashing the proceedings against the petitioners/accused Nos.1 to 3.
5. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State opposed the submissions of the learned counsel for the petitioners and prayed to dismiss the Criminal Petition.
6. Having regard to the rival submissions of both the counsel, this Court has perused the entire material available on record. Admittedly, the trial has already commenced and witnesses were examined. It is pertinent to note that the Sessions Case pertains to the year 2017. Further, the dying declaration discloses that allegation levelled against the petitioners is that they used to abuse the deceased for additional dowry. Considering the facts and circumstances of the case, this Court is inclined to direct the trial Court to conclude the trial and dispose of the Sessions Case as early as possible by affording due opportunity to both the parties. 3
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7. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1 , wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
8. In view of the above discussion as well as the law laid down by the Hon'ble Supreme Court in Surendra Kori (Supra), this Court does not find any merit in the criminal petition to quash the proceedings against the petitioners and the same is liable to be dismissed.
9. Accordingly, the Criminal Petition is dismissed. Further, since petitioner Nos.2 and 3/accused Nos.2 and 3 are suffering from age old ailments, this Court deems it appropriate to dispense with their appearance before the trial Court subject to the condition that they are being represented by their counsel on 1 (2012) 10 Supreme Court Cases 155 4 SKS,J Crl.P.No.8538 of 2023 every date of hearing as and when required, unless their presence is specifically required during the course of trial.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 24.04.2024 gms