Smt Korlapati Ramanamma vs The State Of Telangana
2023 Latest Caselaw 2842 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINIAL PETITION No.9593 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code

of Criminal Procedure (for short 'Cr.P.C.') by the

petitioner/accused No.3 to quash the proceedings in C.C.No.433

of 2023 on the file of learned Principal Junior Civil Judge-cum-

Metropolitan Magistrate, Malkajgiri, Medchal-Malkajgiri District,

registered for the offences under Sections 498-A and 406 of the

Indian Penal Code (for short, 'IPC').

2. Heard learned counsel for the petitioner and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. Learned counsel for the petitioner contended that basing

on the complaint of respondent No.2, a case was registered

against the petitioner/accused No.3 and she is innocent of the

offences. Furthermore, only general allegations are made

against the petitioner and police have mechanically investigated

the case and filed a charge-sheet against the petitioner.

Therefore, he prayed to quash the proceedings against the

petitioner.

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed

charge sheet against the petitioner herein. Therefore, it is not a

fit case to quash the proceedings against the petitioner at this

juncture.

5. On a perusal of the charge sheet, this Court is of the view

that the 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 only general

allegations are leveled against the petitioner/accused No.3, her

appearance/attendance before the learned Principal Junior Civil

Judge-cum-Metropolitan Magistrate, Malkajgiri, Medchal-

Malkajgiri District, in C.C.No.433 of 2023 is dispensed with,

unless her presence is required by the trial Court for a specific

purpose or at the time of recording her examination under

Section 313 Cr.P.C. and on the date of pronouncement of

judgment. Further, the petitioner is at liberty to file an

application seeking discharge and on such application being

filed, the trial Court shall dispose of the same on merits within a

period of three (03) weeks, without being influenced by any of

the observations made by this Court in the present order.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 03.10.2023 PNS

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINIAL PETITION No.9593 OF 2023

Date: 03.10.2023 PNS