Paranandhi Laxman vs The State Of Telangana
2023 Latest Caselaw 3035 Tel

   HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

              CRIMINAL PETITION NO.9937 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-

accused No.2 seeking to quash the proceedings against him in

C.C.No.692 of 2023 pending on the file of Court of Judicial

Magistrate of First Class, Bhupalapally. The offences alleged

against the petitioner are under Section 498-A of I.P.C. and

Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioner and

Sri S.Ganesh, learned Assistant Public Prosecutor for respondent

No.1 - State and perused the record.

3. It is contended by learned counsel for the petitioner

that the petitioner is innocent of the offences alleged against him

and he has been falsely implicated in this case. He submitted that

the allegations levelled against the petitioner are bald and general

in nature. He further submitted that the police, without

conducting due investigation, filed charge sheet against the

petitioner and others. Therefore, he prayed this Court to quash

the proceedings against the petitioner in the aforesaid Calendar

Case.

GAC,J Crl.P.No.9937_2023

4. On the other hand, learned Assistant Public

Prosecutor contended that the police has filed charge sheet

against the petitioner and others after conducting due

investigation and that it is not a fit case to quash the proceedings

against the petitioner at this juncture as the matter has to be

decided only after conducting trial by the trial Court.

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

considered view that the truth or otherwise of the allegations

made against the petitioner can be decided only after conducting

trial. Hence, this Court is not inclined to interfere with the

proceedings pending against the petitioner in C.C.No.692 of 2023

on the file of Judicial Magistrate of First Class, Bhupalapally.

6. Taking into consideration the fact that the petitioner -

accused No.2 is brother-in-law of respondent No.2 and only

general allegations are levelled against him, this Court is of the

considered view that the appearance/attendance of the petitioner

- accused No.2 before the trial Court can be dispensed with.

7. Accordingly, the appearance/attendance of the

petitioner - accused No.2 in C.C.No.692 of 2023 pending on the

file of Court of Judicial Magistrate of First Class, Bhupalapally, is

dispensed with, unless his presence is required by the trial Court

for a specific purpose or at the time of recording examination GAC,J Crl.P.No.9937_2023

under Section 313 Cr.P.C. and on the date of pronouncement of

judgment. Further, the petitioner is at liberty to move an

application before the trial Court for discharge in the aforesaid

Calendar Case. On such an application being filed by the

petitioner, and if any, prima facie case is not made out against

him, the trial Court shall consider the same and pass appropriate

orders, within a period of three (03) weeks from the date of filing of

the said discharge petition, without being influenced by any of the

observations made by this Court in this order.

8. Subject to the above directions, this Criminal Petition

is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 10.10.2023

YVL