T.Chalapathi Rao vs The State Of Telangana
2023 Latest Caselaw 3183 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10238 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 to 5 to quash the

proceedings against them in C.C.No.815 of 2023 pending

on the file of the XI Additional Chief Metropolitan

Magistrate, Medchal-Malkajgiri District at Kukatpally. The

alleged offences against them are punishable under

Sections 498-A of IPC and Sections 4 and 6 of Dowry

Prohibition Act, 1961.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.2-State. Perused the record.

03. It is the specific contention of the learned

counsel for the petitioners that the petitioner Nos.1 and 2

are parents, petitioner No.3 is sister and petitioner No.4 is

niece of accused No.1. It is contended that except bald

allegations that the petitioners/accused Nos.2 to 5 have

abused respondent No.2, there are no specific overt acts or

allegations against them and therefore, he 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 to 5, the appearance/attendance of

petitioners/accused Nos.2 to 5 before the XI Additional

Chief Metropolitan Magistrate, Medchal-Malkajgiri District

at Kukatpally, in C.C.No.815 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. However, the petitioners/

accused Nos.2 to 5 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: 16-10-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10238 OF 2023

Date: 16-10-2023 GVL