V. Manjula Devi vs The State Of Telangana
2023 Latest Caselaw 3182 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10244 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 petitioner/accused No.3 to quash the proceedings

against her in C.C.No.352 of 2015 pending on the file of the

XV Additional Chief Metropolitan Magistrate at Hyderabad.

The offences alleged against the petitioner are punishable

under Sections 498-A, 406 of IPC and Sections 4 and 6 of

Dowry Prohibition Act, 1961.

02. Heard learned counsel for the petitioner 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 petitioner that the petitioner is sister of

accused No.1, who is husband of respondent No.2 and she

is 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 petitioner and there are

no specific allegations against her. Therefore, it is prayed to

quash the proceedings against her.

04. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioner as police have investigated the case

and filed charge sheet against her. He further contended

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

petitioner 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 petitioner/

accused No.3, the appearance/attendance of petitioner/

accused No.3 before the XV Additional Chief Metropolitan

Magistrate at Hyderabad, in C.C.No.352 of 2015, 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. However,

the petitioner/accused No.3 is 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: 16-10-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10244 OF 2023

Date: 16-10-2023 GVL