Siddoju Rajamani vs The State Of Telangana,
2023 Latest Caselaw 2901 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.9692 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code

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

petitioners/accused Nos.2 to 5 to quash the proceedings in

C.C.No.1865 of 2019 on the file of the Court of the Principal

Junior Civil Judge-cum-Judicial First Class Magistrate,

Hanumakonda, registered for the offences under Sections 498-

A, 494, 420, 506 read with 34 of the Indian Penal Code (for

short, 'IPC') and Sections 3 and 4 of Dowry Prohibition Act.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. Learned counsel for the petitioners contended that no

specific allegations are leveled against the petitioners/accused

Nos.2 to 5 for the alleged offences under Sections 498-A, 494,

420, 506 read with 34 IPC and 3 and 4 of D.P.Act and they were

falsely roped into the case as they are blood relatives of accused

No.1. 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 petitioners herein. Therefore, it is not

a fit case to quash the proceedings against the petitioners 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

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 only general

allegations are leveled against the petitioners/accused Nos.2 to

5, their appearance/attendance before the learned Principal

Junior Civil Judge-cum-Judicial First Class Magistrate,

Hanumakonda, in C.C.No.1865 of 2019 is dispensed with,

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

purpose or at the time of recording their examination under

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

judgment. Further, the petitioners are 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: 05.10.2023 PNS/MRM

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.9692 OF 2023

Date: 05.10.2023 PNS/MRM