Smt. Pagadala Durga Mohan vs The State Of Telangana
2023 Latest Caselaw 2951 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.9763 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.2 to quash the proceedings in C.C.

No.5796 of 2022 on the file of the III Additional Junior Civil

Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy

District at L.B.Nagar, registered for the offences under Sections

498-A, 406 and 506 of the Indian Penal Code (for short 'IPC')

and 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioner/ accused No.2

and Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. Though the present petition is filed seeking to quash the

proceedings against the petitioner/ accused No.2 in C.C.

No.5796 of 2022, during the course of arguments, learned

counsel for the petitioner/ accused No.2 confined his prayer to

the extent of dispensing with the personal appearance of the

petitioner/ accused No.2 before the trial Court.

4. Taking into consideration the fact that only general

allegations are leveled against the petitioner/ accused No.2, who

is maternal aunt of accused No.1, the appearance/attendance of

the petitioner/ accused No.2 before the III Additional Junior

Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga

Reddy District at L.B.Nagar, in C.C. No.5796 of 2022, 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.

5. Further, the petitioner/accused No.2 is at liberty to file an

application before the trial Court seeking her discharge. On

such application being filed, the trial Court shall dispose of the

same on merits within three weeks from the date of filing of the

said petition, without being influenced by any of the

observations made by this Court.

6. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 MYK

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINIAL PETITION No.9763 OF 2023

Date: 06.10.2023 MYK