Pandavula Anitha vs The State Of Telangana,
2023 Latest Caselaw 2956 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.9794 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 4 to quash the

proceedings in S.S.C.No.109 of 2021 on the file of the VII

Addl. Sessions Judge-cum-Special Court for SC/ST (POA)

Act Cases, Warangal.

2. Heard learned counsel for the petitioners and Sri

S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

3. It is the contention of the learned counsel for the

petitioners that bald and general allegations are made

against the petitioners.

4. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioners as police have investigated the case

and filed charge sheet against them. He further contended

that it is not a fit case to quash the proceedings against the

petitioners at this juncture and the matter is to be decided

after conducting trial by the Court below.

5. Taking into consideration the fact that general and

bald allegations are leveled against the petitioner Nos.1, 3

and 4/accused Nos.1, 3 and 4, the appearance/attendance

of the petitioner Nos.1, 3 and 4/ accused Nos.1, 3 and 4

before the VII Addl. Sessions Judge-cum-Special Court for

SC/ST (POA) Act Cases, Warangal, in S.S.C.No.109 of 2021

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. As

specific allegations are leveled against petitioner

No.2/accused No.2, no such relief is given to her.

However, the petitioners Nos.1 to 4/accused Nos.1 to 4 are

at liberty to file discharge petition and on such petition

being filed, the trial Court shall dispose of the same on

merits within three (3) weeks from the date of filing of the

said petition, uninfluenced by any of the observations

made in this Order.

6. Accordingly, this Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.9794 OF 2023

Date: 06-10-2023 GVL