Shivaleela Ramdaspally vs State Of Telangana
2023 Latest Caselaw 1905 Tel

          HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                  CRIMINAL PETITION NO.8457 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 and 3 to quash the proceedings against them in

C.C.No.2288 of 2023 pending on the file of XIII Additional Chief

Metropolitan Magistrate, Manoranjan Complex, Gandhi Bhavan,

Hyderabad. The offences alleged against the petitioners are under

Sections 498(A) and 506 of the Indian Penal Code and Sections 3 and

4 of the Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioners, 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 duly investigating the case filed charge sheet against the

petitioners. Therefore, prayed to quash the proceedings against

them.

GAC,J Crl.P.No.8457_2023

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed charge

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

case to quash the proceedings against the petitioners 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 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 - accused

No.2 is mother of accused No.1 and petitioner No.2 - accused No.3 is

sister of accused No.1; and only general allegations are leveled

against them, this Court is of the considerable view that the

appearance/attendance of the petitioners - accused Nos.2 and 3

before the trial Court shall be dispensed with.

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

appearance/attendance of the petitioners - accused Nos.2 and 3

before the Court of XIII Additional Chief Metropolitan Magistrate,

Manoranjan Complex, Gandhi Bhavan, Hyderabad in C.C.No.2288 of

2023 is dispensed with, unless their presence is required by the trial GAC,J Crl.P.No.8457_2023

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 petitioners are at liberty to move an

application before the trial Court seeking to discharge them from the

case. On such application being filed and if prima facie case is not

made out against them, 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