Baleboina Venkateshwarlu vs The State Of Telangana
2023 Latest Caselaw 3334 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10463 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 13 to quash the

proceedings against them in C.C.No.2024 of 2020 pending

on the file of the Additional Junior Civil Judge at Kodad,

Suryapet District. The alleged offences against them are

punishable under Sections 323, 504, 506 and 427 r/w 34

of IPC.

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 except bald and general

allegations, there are no specific overt acts or allegations

against the petitioners/accused Nos.2 to 13 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. Without going into the merits of the case, taking

into consideration the fact that bald and general allegations

are made against the petitioners/ accused Nos.2 to 13, the

appearance/attendance of petitioners/accused Nos.2 to 13

before the Additional Junior Civil Judge at Kodad,

Suryapet District, in C.C.No.2024 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 to 13 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: 19-10-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10463 OF 2023

Date: 19-10-2023 GVL