S. Sekhar vs The State Of Telangana
2023 Latest Caselaw 2057 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.8598 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.2541 of 2022 pending

on the file of the Prl. Junior Civil Judge-cum-XI Additional

Metropolitan Sessions Judge, Cyberabad at Rajendra

Nagar, which was taken cognizance for the offence

punishable under Section 498-A of Indian Penal Code.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. The brief facts of the case are that respondent

No.2 is the wife of accused No.1 and the petitioners/

accused Nos.2 and 3 are parents of accused No.1. The

accused No.1 on the instigation of petitioners has been

harassing respondent No.2 physically and mentally and

also beat her. Further, accused No.1 and his family

members have not at all been looking after the welfare of

respondent No.2 and her child, for which, respondent No.2

was constrained to file a report before the police and the

said report was registered as FIR No.1553 of 2022 for the

alleged offence punishable under Section 498-A of IPC,

thereafter charge sheet was filed and the same was taken

cognizance as C.C No.2541 of 2022 on the file of the Prl.

Junior Civil Judge-cum-XI Additional Metropolitan

Sessions Judge, Cyberabad at Rajendra Nagar..

04. It is the contention of the learned counsel for

the petitioners that the petitioners are old aged parents of

accused No.1 and correspondently, in-laws of respondent

No.2. It is his further contention that they are falsely

implicated in this case being the parents of husband of

respondent No.2. It is his contention that the petitioners

are innocent and there were no specific overt acts against

them except bald allegations that on their instigation,

accused No.1 has harassed respondent No.2 and therefore,

prayed to quash the proceedings against them.

05. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioners as police have investigated the case

and filed charge sheet against them. 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 after conducting trial by the Court below.

06. Taking into consideration the fact that the

petitioner Nos.1 and 2/accused Nos.2 and 3, who are

senior citizens and old aged parents of accused No.1 and

also no specific overt acts are leveled against them, the

appearance/attendance of petitioner Nos.1 and 2/accused

Nos.2 and 3 before the Prl. Junior Civil Judge-cum-XI

Additional Metropolitan Sessions Judge, Cyberabad at

Rajendra Nagar, in C.C.No.2541 of 2022 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. However, the petitioners

Nos.1 and 2/accused Nos.2 and 3 are 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.

07. 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.8598 OF 2023

Date: 06-09-2023 GVL