Y. Bharathamma Laxmamma , vs The State Of Telangana,
2023 Latest Caselaw 3360 Tel

          HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION NO.10532 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, 4, 5 and 6 to quash the proceedings against them in

C.C.No.714 of 2016 pending on the file of XIII Additional Chief

Metropolitan Magistrate at Manoranjan Complex at Nampally. The

offence alleged against the petitioners is under Section 498-A of the

Indian Penal Code (for short 'IPC').

2. Heard learned counsel for the petitioners and Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State and

perused the record.

3. It is contended by learned counsel for the petitioners that the

petitioners are innocent and a false complaint has been foisted

against them by the de-facto complainant with bald and general

allegations. Learned counsel further contended that the police

without due investigation filed charge sheet against the petitioners.

Therefore, he prayed to quash the proceedings against the

petitioners.

GAC,J Crl.P.No.10532_2023

4. On the other hand, learned Assistant Public Prosecutor

contended that the police have filed charge sheet against the

petitioners only after due investigation and that it is not a fit case to

quash the proceedings against the petitioners at this juncture as the

matter has to be decided only after conducting trial by the Trial Court.

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

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 petitioner No.1 is the

mother, petitioner No.2 is the sister, petitioner No.3 is the brother of

accused No.1 and petitioner No.4 is the wife of petitioner No.3; and

only general allegations are leveled against them, this Court is of the

considered opinion that the appearance/attendance of the

petitioners - accused Nos.2, 4 to 6 before the trial Court shall be

dispensed with.

7. Accordingly, the appearance/attendance of the petitioners -

accused Nos.2, 4 to 6 before the Court of XIII Additional Chief

Metropolitan Magistrate at Manoranjan Complex at Nampally in

C.C.No.714 of 2016 is dispensed with, unless their presence is required

by the trial Court for a specific purpose or at the time of recording GAC,J Crl.P.No.10532_2023

examination under Section 313 Cr.P.C. and on the date of

pronouncement of judgment.

8. Subject to the above directions, this Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 20.10.2023 ns