Goteti Venkata Krishna vs The State Of Telangana
2023 Latest Caselaw 3011 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.9890 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.4530 of 2022 on the file of the III Additional

Metropolitan Magistrate, Ranga Reddy District, L.B.Nagar,

registered for the offences under Sections 498-A, 406, 417 of the

Indian Penal Code (for short, 'IPC') and Sections 3 and 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. Learned counsel for the petitioners contended that the

petitioners are parents of accused No.1 and they are senior

citizens. Furthermore, only general allegations are made against

petitioners/accused No.2 and 3. Therefore, prayed to quash the

proceedings against them.

4. 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.

5. 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.

6. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.2

and 3, their appearance/attendance before the III Additional

Metropolitan Magistrate, Ranga Reddy District, L.B.Nagar, in

C.C.No.4530 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. 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.

7. 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.9890 OF 2023

Date: 09.10.2023 PNS