Palleru Bharathi vs The State Of Telangana
2023 Latest Caselaw 2906 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION NO.9707 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.2 and 3 to quash the proceedings against them in

C.C.No.7689 of 2022 pending on the file of Principal Junior Civil Judge

- cum - Principal Judicial Magistrate of First Class at Hanamkonda.

The offences alleged against the petitioners are under Sections 498-A,

506 and 342 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. It is contended by learned counsel for the petitioners that the

petitioners are innocent and a false complaint has been foisted

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

allegations. Learned counsel further contended that the police

without due investigation filed charge sheet against the petitioners.

Therefore, prayed to quash the proceedings against the petitioners.

GAC,J Crl.P.No.9707_2023

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 petitioners - accused

Nos.2 and 3 are the old aged parents 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 and 3 before the trial Court shall be

dispensed with.

7. Accordingly, the appearance/attendance of the petitioners -

accused Nos.2 and 3 before the Court of Principal Junior Civil Judge -

cum - Principal Judicial Magistrate of First Class at Hanamkonda in

C.C.No.7689 of 2022 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 GAC,J Crl.P.No.9707_2023

pronouncement of judgment. 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 any 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.

8. Subject to the above directions, this Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.10.2023 ns