Sonaji Raj Araj Eshwari Devi vs The State Of Telangana
2023 Latest Caselaw 2953 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.9772 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 and 3 to quash the proceedings in

C.C. No.214 of 2023 on the file of the Judicial Magistrate of

First Class, Special Mobile Court at Khammam, registered for

the offences under Sections 498-A r/w 34 of the Indian Penal

Code (for short 'IPC') and 3 and 4 of Dowry Prohibition Act,

1961.

2. Heard learned counsel for the petitioners/ accused Nos.2

and 3 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 petitioners/ accused Nos.2 and 3 in

C.C. No.214 of 2023, during the course of arguments, learned

counsel for the petitioners/ accused Nos.2 and 3 confined his

prayer to the extent of dispensing with the personal appearance

of the petitioners/accused Nos.2 and 3 before the trial Court.

4. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.2

and 3, who are the parents of accused No.1, the

appearance/attendance of the petitioners/accused Nos.2 and 3

before the Judicial Magistrate of First Class, Special Mobile

Court at Khammam, in C.C. No.214 of 2023, 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.

5. Further, the petitioners/accused Nos.2 and 3 are at

liberty to file an application before the trial Court seeking their

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.9772 OF 2023

Date: 06.10.2023 MYK