Govvala Rama Krishna vs The State Of Telangana
2023 Latest Caselaw 3107 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10129 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 and 3 to quash the

proceedings against them in C.C.No.5311 of 2018 on the

file of the Prl. Junior Civil Judge-cum-IV Addl. Metropolitan

Magistrate, Malkajgiri-Medchal District at L.B.Nagar. The

offences alleged against them are punishable under

Sections 498-A of IPC and Sections 3 and 4 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 parents

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 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 and 3, the appearance/attendance of

petitioners/accused Nos.2 and 3 before the Prl. Junior Civil

Judge-cum-IV Addl. Metropolitan Magistrate, Malkajgiri-

Medchal District at L.B.Nagar, in C.C.No.5311 of 2018, 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 and 3 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: 12-10-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10129 OF 2023

Date: 12-10-2023 GVL