Kilaru Ranadheer vs The State Of Telangana
2023 Latest Caselaw 3336 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10475 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code

of Criminal Procedure (for short 'Cr.P.C.') by the

petitioners/accused Nos.2 and 3 to quash the proceedings in

C.C.No.852 of 2023 on the file of the I Additional Junior Civil

Judge-cum-IX Additional Metropolitan Magistrate, Ranga Reddy

District, Kukatpally, registered for the offences under Sections

498-A and 323 of the Indian Penal Code (for short 'IPC') and

Sections 3 and 4 of D.P Act.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. Learned counsel for the petitioners contended that the

petitioners are innocent of the offence and only general

allegations are leveled against the petitioners/accused Nos.2

and 3. Therefore, prayed to quash the proceedings against

them.

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed

charge sheet against the petitioners herein. Therefore, it is not

a fit case to quash the proceedings against the petitioners at

this juncture.

5. On a perusal of the charge sheet, this Court is of the view

that the truth or otherwise of the allegations made against the

petitioners can be decided only after conducting trial. Hence,

this Court is not inclined to interfere with the proceedings

against the petitioners.

6. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.2

and 3, their appearance/attendance before the I Additional

Junior Civil Judge-cum-IX Additional Metropolitan Magistrate,

Ranga Reddy District, Kukatpally, in C.C.No.852 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. Further, the petitioners are at

liberty to file an application seeking discharge and on such

application being filed, the trial Court shall dispose of the same

on merits within a period of three (03) weeks, without being

influenced by any of the observations made by this Court in the

present order.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 19.10.2023 PNS

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10475 OF 2023

Date: 19.10.2023

PNS