Pologoni Alivelu vs The State Of Telangana
2023 Latest Caselaw 3337 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10469 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 to quash the proceedings in C.C.No.1039 of

2022 on the file of the III Additional Junior Civil Judge-cum-III

Additional Metropolitan Magistrate, Ranga Reddy District,

L.B.Nagar, registered for the offences under Sections 498-A, 323

and 506 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

petitioner No.1 is sister and petitioner No.2 is brother-in-law of

accused No.1 and they are innocent of the offence. Furthermore,

only general allegations are leveled against the

petitioners/accused. 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, their

appearance/attendance before the III Additional Junior Civil

Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy

District, L.B.Nagar, in C.C.No.1039 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. 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 Note: Issue C.C by 20.10.2023 B/o.PNS

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10469 OF 2023

Date: 19.10.2023

Note: Issue C.C by 20.10.2023 B/o.PNS