Citation : 2023 Latest Caselaw 3165 Tel
Judgement Date : 13 October, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10195 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code
of Criminal Procedure (for short 'Cr.P.C.') by the
petitioner/accused No.2 to quash the proceedings in C.C.
No.5123 of 2022 on the file of the XIII Additional Chief
Metropolitan Magistrate at Nampally, Hyderabad, for the
offences punishable under Sections 498-A, 406 and 506 of the
Indian Penal Code (for short 'IPC') and Sections 3 and 4 of
Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioner and
Sri S.Ganesh, learned Assistant Public Prosecutor for
respondent No.1 - State. Perused the record.
3. Though the present petition is filed seeking to quash the
proceedings against the petitioner in C.C. No.5123 of 2022,
during the course of arguments, learned counsel for the
petitioner confined his prayer to the extent of dispensing with
the personal appearance of the petitioner/accused No.2 before
the trial Court.
4. In view of the above, the appearance/attendance of the
petitioner/accused No.2 before the XIII Additional Chief
Metropolitan Magistrate at Nampally, Hyderabad, in C.C.
No.5123 of 2022, is dispensed with, unless her 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.
5. Further, the petitioner/accused No.2 is at liberty to file an
application before the trial Court seeking her discharge. On
such application being filed, the trial Court shall dispose of the
same on merits within three weeks from the date of filing of the
said petition, without being influenced by any of the
observations made by this Court.
6. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 13.10.2023 TMK
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10195 OF 2023
Date: 13.10.2023 TMK
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