D. Srimani vs The State Of Telangana
2023 Latest Caselaw 2957 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.9808 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 stay grant of all

further proceedings including their appearance in

C.C.No.856 of 2023 on the file of the I Addl. Junior Civil

Judge-cum-IX Addl. Metropolitan Magistrate at Kukatpally.

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.2 and

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

petitioner Nos.2 and 3/ accused Nos.3 and 3 before the

I Addl. Junior Civil Judge-cum-IX Addl. Metropolitan

Magistrate at Kukatpally, in C.C.No.856 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. However,

the petitioners Nos.2 and 3/accused Nos.2 and 3 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.9808 OF 2023

Date: 06-10-2023 GVL