Bingi Kanakaiah vs The State Of Telangana
2023 Latest Caselaw 2109 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

         CRIMINAL PETITION No.8678 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.140 of 2017 on the file of the learned Junior Civil

Judge (Excise), Karimnagar District, registered for the

offence under Section 498-A 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.140 of

2017, 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 Junior

Civil Judge (Excise), Karimnagar District, in C.C. No.140 of

2017, 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 and as the C.C is of the year 2017, the trial Court is

directed to dispose of the main case within six months from

the date of copy of this order.

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.8678 OF 2023

Date: 08.09.2023 dgr