Sanjeeda Begum vs The State Of Telangana
2023 Latest Caselaw 2023 Tel

 THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

            CRIMINAL PETITION No.8557 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 against them in C.C.No.1024

of 2023 on the file of XV Additional Chief Metropolitan Magistrate

at Hyderabad, for the offences under Sections 498-A read with

Section 34 of IPC and Section 4 of Dowry Prohibition 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 petitioner

No.1 is the mother, petitioner No.2 is the brother and petitioner

No.3 is the father of accused No.1; they are innocent and were

falsely roped into the crime and they never shared their household

with respondent No.2 and accused No.1. Therefore, prayed to

quash the proceedings against the petitioners.

4. On the other hand, learned Assistant Public Prosecutor

contended that the police have duly investigated the case and laid

the charge sheet against the petitioners. Therefore, prayed to

dismiss the Criminal Petition.

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 XV Additional Chief

Metropolitan Magistrate at Hyderabad, in C.C.No.1024 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 without getting

influenced by any of the observations made by this Court in the

present order.

7. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.09.2023 TMK

THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8557 OF 2023

Date: 05.09.2023 TMK