Ande Savitha vs The State Of Telangana
2023 Latest Caselaw 1885 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION NO.8421 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 petitioner -

accused No.5 to quash the proceedings against her in C.C.No.20 of

2022 pending on the file of I Additional Senior Civil Judge - cum -

Chief Metropolitan Magistrate - cum - I Additional Sessions Judge at

L.B.Nagar, Ranga Reddy District. The offences alleged against the

petitioner are under Sections 420, 406 and 506 of the Indian Penal

Code and Sections 3, 4, 5 and 6 of the Prize Chits and Money

Circulation Scheme (Banning) Act, 1978.

2. Heard learned counsel for the petitioner, Sri S.Ganesh, learned

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

the record.

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

the petitioner is innocent and a false complaint has been foisted

against her by respondent No.2 - de-facto complainant. Therefore,

prayed to quash the proceedings against her.

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed charge GAC,J Crl.P.No.8421_2023

sheet against the petitioner. He further contended that it is not a fit

case to quash the proceedings against the petitioner at this juncture

and the matter has to be decided only after conducting trial by the

Court below.

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

truth or otherwise of the allegations made against the petitioner can

be decided only after conducting trial. Hence, this Court is not

inclined to interfere with the proceedings against the petitioner.

6. Taking into consideration the fact that only general allegations

are leveled against her, this Court is of the considerable view that the

appearance/attendance of the petitioner - accused No.5 before the

trial Court shall be dispensed with.

7. Accordingly, this Criminal Petition is disposed of. The

appearance/attendance of the petitioner - accused No.5 before the

Court of I Additional Senior Civil Judge - cum - Chief Metropolitan

Magistrate - cum - I Additional Sessions Judge at L.B.Nagar, Ranga

Reddy District in C.C.No.20 of 2022 is dispensed with, unless her

presence is required by the trial Court for a specific purpose or at the

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

date of pronouncement of judgment. Further, the petitioner is at

liberty to move an application before the trial Court seeking to GAC,J Crl.P.No.8421_2023

discharge her from the case. On such application being filed and if

prima facie case is not made out against her, the trial Court shall

consider the same and pass appropriate orders within a period of

three (03) weeks from the date of filing of the said discharge petition

without being influenced by any of the observations made by this

Court in this order.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 01.09.2023 ns