Asima Khanam And Another vs The State Of Telangana And Another
2022 Latest Caselaw 6148 Tel

                    HON'BLE SRI JUSTICE K.SURENDER

                 CRIMINAL PETITION No. 10189 OF 2022
ORDER:

1. This Criminal Petition is filed to quash the proceedings

against the petitioners in DVC No.109 of 2021 on the file of III

Metropolitan Magistrate, Hyderabad.

2. Learned counsel for the petitioner has raised several

issues regarding the correctness of making these petitioners as

respondents in DVC No.109 of 2021 on the file of III

Metropolitan Magistrate, Hyderabad since they never shared

any common household and DVC prosecution cannot be

maintained.

3. However, keeping in view the judgment of this Court in

Giduthuri Kesari Kumar v. State of Telangana, rep. by Public

Prosecutor and another1 this petition is not maintainable.

However, all the contentions raised herein can be raised before

the concerned Court by filing an application for discharge, in

view of the judgment of the Hon'ble Supreme Court in the case

2015 SCC OnLine Hyd 18 of Bhushan Kumar v. State (NCT of Delhi) and another2,

wherein it is held as follows:

"20. It is inherent in Section 251 of the code that when an accused appears before the trial court pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial court to carefully go through the allegations made in the charge-sheet or complaint and consider the evidence to come to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance of the accusation to the accused and ask him whether he pleads guilty otherwise, he is bound to discharge the accused as per Section 239 of the Code."

4. Accordingly, the Criminal Petition is disposed off.

__________________ K.SURENDER, J Date: 24.11.2022 kvs

(2012 5 Supreme Court Cases 424 HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITOIN No.10189 OF 2022

Date: 24.11.2022.

kvs