Sura Srinivas Alias Chanti vs The State Of Telangana
2023 Latest Caselaw 2903 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                  CRIMINAL PETITION NO.9720 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.1 to 10 to quash the proceedings against them in

C.C.No.215 of 2023 pending on the file of Judicial First Class

Magistrate, Choutuppal. The offences alleged against the petitioners

are under Sections 498-A and 506 read with Section 34 of the Indian

Penal Code (for short 'IPC') and Sections 3 and 4 of the Dowry

Prohibition Act (for short 'DP Act')

2. Heard learned counsel for the petitioners and Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State and

perused the record.

3. The learned counsel for the petitioners contended that specific

allegations are made against accused No.1, who is the husband of

2nd respondent. Learned counsel further contended that accused

Nos.2 to 10 are innocent and in view of the disputes between

accused No.1 and the 2nd respondent, a false complaint has been

foisted against them by the de-facto complainant with bald and

general allegations. Learned counsel further contended that the GAC,J Crl.P.No.9720_2023

police without due investigation filed charge sheet against the

accused. Therefore, prayed to quash the proceedings against the

accused.

4. On the other hand, learned Assistant Public Prosecutor

contended that the police have filed charge sheet against the

petitioners only after due investigation and that it is not a fit case to

quash the proceedings against the petitioners at this juncture as the

matter has to be decided only after conducting trial by the Trial Court.

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 petitioner Nos.2 to 10

- accused Nos.2 to 10 are the family members of accused No.1; and

only general allegations are leveled against them, this Court is of the

considered opinion that the appearance/attendance of the

petitioners - accused Nos.2 to 10 before the trial Court shall be

dispensed with.

7. Accordingly, the appearance/attendance of the petitioners

Nos.2 to 10 - accused Nos.2 to 10 before the Court of Judicial First GAC,J Crl.P.No.9720_2023

Class Magistrate, Choutuppal in C.C.No.215 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 pronouncement of judgment. As there are

specific allegations leveled against petitioner No.1 - accused No.1, no

such relief is given so far as petitioner No.1 - accused No.1 is

concerned.

8. 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.

9. Subject to the above directions, the Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.10.2023 ns