Asma Begum vs The State Of Telangana
2023 Latest Caselaw 1943 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION NO.8486 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 to 5 to quash the proceedings against them in

C.C.No.9 of 2022 pending on the file of Additional Junior Civil Judge

at Chevella. The offences alleged against the petitioners are under

Sections 498(A), 324 and 323 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 in order to pressurize accused No.1, the

present false complaint has been foisted against them by the

de-facto complainant with bald and general allegations. Learned

counsel further contended that the petitioners have never shared the

roof of de facto complainant and accused No.1. Learned counsel

further contended that the police without duly investigating the case GAC,J Crl.P.No.8486_2023

filed charge sheet against the petitioners. 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. 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 petitioners No.1 and 2 -

accused Nos.2 and 3 are sisters of accused No.1 and petitioners No.3

and 4 - accused Nos.4 and 5 are brothers 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 to 5 before the trial Court shall be

dispensed with.

GAC,J Crl.P.No.8486_2023

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

appearance/attendance of the petitioners - accused Nos.2 to 5

before the Court of Additional Junior Civil Judge at Chevella in

C.C.No.9 of 2022 is dispensed with, unless their 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 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: 04.09.2023 ns