Sri.G.Mogulaiah vs The State Of Telangana
2023 Latest Caselaw 3068 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10026 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, 3 and 4 to quash the

proceedings against them in C.C.No.6732 of 2023 on the

file of the XV Additional Chief Metropolitan Magistrate,

Hyderabad. The offences alleged against them are

punishable under Sections 498-A, 406, 506 r/w 34 of IPC

and Sections 4 and 6(1)(a)(b) of Dowry Prohibition

Act, 1961.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. It is the specific contention of the learned

counsel for the petitioners that the petitioners are blood

relatives of accused No.1, who is husband of respondent

No.2 and they are falsely roped into the case. It is further

contended that even the contents of complaint also show

that bald and general allegations are made against the

petitioners and there are no specific allegations against

them. Therefore, it is prayed to quash the proceedings

against them.

04. 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.

05. Taking into consideration the fact that bald and

general allegations are made against the petitioners/

accused Nos.2 to 4, the appearance/attendance of

petitioners/accused Nos.2 to 4 before the XV Additional

Chief Metropolitan Magistrate, Hyderabad, in C.C.No.6732

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/ accused Nos.2 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.

06. Accordingly, this Criminal Petition is disposed

of.

Pending miscellaneous applications, if any, shall

stand closed.

___________________________________ G. ANUPAMA CHAKRAVARTHY, J

Date: 11-10-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10026 OF 2023

Date: 11-10-2023 GVL