Mamidi Suneetha, vs The State Of Telangana,
2023 Latest Caselaw 3010 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.9874 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.4 to 7 to quash the proceedings in

C.C.No.632 of 2023 on the file of the Principal Junior Civil

Judge-cum-Principal Judicial Magistrate of First Class,

Hanamkonda, registered for the offences under Sections 498-A

of the Indian Penal Code (for short, 'IPC') and Section 4 of

D.P.Act.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. Petitioner Nos.1 and 2 are sisters of accused No.1 and

petitioners Nos.3 and 4 are husbands of petitioner Nos.1 and 2

respectively.

4. Learned counsel for the petitioners contended that the

petitioners are innocent of offence and a false case has been

foisted against them. Furthermore, only general and bald

allegations are made against the petitioners for being blood

relatives of accused No.1. Therefore, he prayed to quash the

proceedings against them.

5. On the other hand, learned Assistant Public Prosecutor

contended after due investigation, the police have filed charge

sheet against the petitioners herein. Therefore, it is not a fit

case to quash the proceedings against them at this juncture.

6. On a perusal of the charge sheet, this Court is of the view

that the truth or otherwise of the allegations made against the

petitioners can be decided only after conducting trial. Hence,

this Court is not inclined to interfere with the proceedings

against the petitioners.

7. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.4 to

7, their appearance/attendance before the Principal Junior Civil

Judge-cum-Principal Judicial Magistrate of First Class,

Hanamkonda, in C.C.No.632 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. Further, the petitioners are at liberty to file an

application seeking discharge and on such application being

filed, the trial Court shall dispose of the same on merits within a

period of three (03) weeks, without being influenced by any of

the observations made by this Court in the present order.

8. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 09.10.2023 PNS

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.9874 OF 2023

Date: 09.10.2023 PNS