Kurmachalam Pushpalatha vs The State Of Telangana
2023 Latest Caselaw 2104 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

         CRIMINAL PETITION No.8679 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 and 3 to quash the proceedings

in C.C.No.355 of 2023 on the file of the learned I Additional

Judicial Magistrate of First Class at Godavarikhani,

registered for the offence under Section 498-A and 188 of

the Indian Penal Code (for short 'IPC') and Section 4 of

Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. Though the present petition is filed seeking to quash

the proceedings against the petitioners in C.C. No.355 of

2023, during the course of arguments, learned counsel for

the petitioners confined his prayer to the extent of

dispensing with the personal appearance of the

petitioners/accused Nos.2 and 3 before the trial Court.

4. Taking into consideration the fact that only general

and omnibus allegations are leveled against the

petitioners/accused Nos.2 and 3, who are the parents of

petitioner/accused No.1, the appearance/attendance of the

petitioners/accused Nos.2 and 3 before the learned I

Additional Judicial First Class Magistrate at

Godavarikhani, in C.C. No.355 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. No such relief is given so far

as petitioner/accused No.1 is concerned.

5. Further, the petitioners/accused Nos.2 and 3 are at

liberty to file an application before the trial Court seeking

their discharge. On such application being filed, the trial

Court shall dispose of the same on merits within three

weeks from the date of filing of the said petition, without

being influenced by any of the observations made by this

Court.

6. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 08.09.2023 dgr

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8679 OF 2023

Date: 08.09.2023 dgr