Smt. Shaheeda vs The State Of Telangana
2023 Latest Caselaw 3117 Tel

 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10140 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.7360 of 2021 pending

on the file of the learned XIII Additional Chief Metropolitan

Magistrate at Nampally, Hyderabad, registered for the offences

punishable under Section 498-A of Indian Penal Code.

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 XIII Additional

Chief Metropolitan Magistrate at Nampally, Hyderabad, in

C.C.No.7360 of 2021 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: 12.10.2023 vsl