P.Umamaheshwari vs The State Of Telangana
2023 Latest Caselaw 3076 Tel

 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10048 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

petitioners/accused Nos.2 and 3 in C.C.No.265 of 2023 pending

on the file of the learned XI Additional Metropolitan Magistrate,

Medchal-Malkajgiri District at Kukatpally, registered for the

offences punishable under Section 498-A of Indian Penal Code

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

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 contended by the learned counsel for the petitioners

that the petitioners are innocent and a false complaint has been

foisted against them by respondent No.2/de-facto complainant.

Therefore, he prayed to quash the proceedings against them.

4. On the other hand, learned Assistant Public Prosecutor

contended that it is not a fit case to quash the proceedings

against the petitioners at this juncture and the matter has to be

decided after conducting trial by the Court below.

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

that 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 learned XI Additional

Metropolitan Magistrate, Medchal-Malkajgiri District at

Kukatpally, in C.C.No.265 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.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 11.10.2023 vsl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINIAL PETITION No.10048 OF 2023

Date: 11.10.2023

vsl