Smt. G. Shobha vs The State Of Telangana
2023 Latest Caselaw 3185 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10268 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, 5 and 6 to quash the

proceedings against them in S.C.No.73 of 2020 on the file

of the Additional Senior Civil Judge, Yadadri Bhuvanagiri

District. The offences alleged against them are punishable

under Sections 498-A, 494, 307 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 petitioner No.1/accused

No.2 is second wife of accused No.1 and petitioner Nos.2

and 3/accused Nos.5 and 6 are parents of petitioner No.1

and they are falsely roped into the case. It is further

contended that even the contents of complaint also 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, 5 and 6, the appearance/attendance of

petitioners/accused Nos.2, 5 and 6 before the Additional

Senior Civil Judge, Yadadri Bhuvanagiri District, in

S.C.No.73 of 2020, 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, 5 and 6 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.10268 OF 2023

Date: 16-10-2023 GVL