Koka Venkata Bhagya Laxmi vs The State Of Telangana
2023 Latest Caselaw 3338 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10474 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 to 4 to quash the proceedings in

C.C.No.158 of 2023 on the file of the Principal Junior Civil

Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri

District, registered for the offences under Sections 498-A and

406 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

petitioners/accused Nos.2 to 4 are innocent of the offences and

they are falsely implicated in the present case. Furthermore,

only general allegations are leveled against the

petitioners/accused Nos.2 to 4. Therefore, prayed to quash the

proceedings against them.

4. On the other hand, learned Assistant Public Prosecutor

contended 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 to

4, their appearance/attendance before the Principal Junior Civil

Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri

District, in C.C.No.158 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.10474 OF 2023

Date: 19.10.2023 PNS