Mohammed Abdul Rasheed vs The State Of Telangana
2023 Latest Caselaw 3189 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10264 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 4 to quash the

proceedings against them in C.C.No.975 of 2022 on the file

of the II Additional Judicial First Class Magistrate at

Nizamabad, Nizamabad District. The offences alleged

against them are punishable under Sections 498-A, 420,

504, 506 of IPC and Section 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 petitioners are blood

relatives of accused No.1, who is husband of respondent

No.2 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 to 4, the appearance/attendance of

petitioners/accused Nos.2 to 4 before the II Additional

Judicial First Class Magistrate at Nizamabad, Nizamabad

District, in C.C.No.975 of 2022, 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 4 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.10264 OF 2023

Date: 16-10-2023 GVL