Punakar Padmavathi vs The State Of Telangana
2023 Latest Caselaw 2955 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.9773 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 4 to quash the proceedings in C.C.

No.10280 of 2022 on the file of the XV Additional Chief

Metropolitan Magistrate at Hyderabad, registered for the

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

(for short 'IPC') and 3 and 6 of Dowry Prohibition Act, 1961.

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

to 4 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 to 4 in C.C.

No.10280 of 2022, during the course of arguments, learned

counsel for the petitioners/ accused Nos.2 to 4 confined his

prayer to the extent of dispensing with the personal appearance

of the petitioners/accused Nos.2 to 4 before the trial Court.

4. Taking into consideration the fact that only general

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

4, who are the mother, brother and sister-in-law of accused

No.1, the appearance/attendance of the petitioners/accused

Nos.2 to 4 before the XV Additional Chief Metropolitan

Magistrate at Hyderabad, in C.C. No.10280 of 2022, 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 to 4 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.9773 OF 2023

Date: 06.10.2023 MYK