Rehana Parveen vs The State Of Telangana
2023 Latest Caselaw 2052 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.8584 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.4 to quash the proceedings

against her in C.C.No.6722 of 2022 pending on the file of

the XV Addl. Chief Metropolitan Magistrate at Hyderabad,

which has taken cognizance for the offences punishable

under Section 498-A, 406 and 506 of IPC and Sections 4

and 6 of Dowry Prohibition Act.

02. Heard learned counsel for the petitioner and Sri

S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. It is the contention of the learned counsel for

the petitioner that the petitioner is sister of accused No.2

and she is falsely implicated in the case and there are no

specific allegations made against her except general

allegations. Therefore, prayed to quash the proceedings

against the petitioner herein.

04. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioner as police have investigated the case

and filed charge sheet against her. 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

after conducting trial by the Court below.

05. Taking into consideration the fact that the

petitioner/accused No.4 is sister of accused No.1 and she

has not shared the house hold of respondent No.2 and

accused No.1 at any point of time and also no specific overt

acts are leveled against her, the appearance/attendance of

petitioner/accused No.4 before the XV Addl. Chief

Metropolitan Magistrate at Hyderabad, in C.C.No.6722 of

2022 is dispensed with, unless her presence is required by

the Trial Court for a specific purpose, or at the time of

recording her examination under Section 313 Cr.P.C., and

on the date of pronouncement of Judgment. However, the

petitioner/accused No.4 is at liberty to file discharge

petition and on such petition being filed, the Trial Court

shall dispose of the same on merits within three (3) weeks

from the date of filing of the said petition, uninfluenced by

any of the observations made in this Order.

06. Accordingly, this Criminal Petition is disposed

of.

Pending miscellaneous applications, if any, shall

stand closed.

___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 06-09-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8584 OF 2023

Date: 06-09-2023 GVL