Hoorunnisa Phoolunnisa vs State Of Telangana
2023 Latest Caselaw 2111 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

         CRIMINAL PETITION No.8656 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of

Code of Criminal Procedure (for short 'Cr.P.C.') by the

petitioner/accused No.2 to quash the proceedings in C.C.

No.173 of 2018 on the file of the learned XII Additional

Chief Metropolitan Magistrate, Rajendranagar, registered

for the offence under Section 498-A of the Indian Penal

Code (for short 'IPC')

2. Heard learned counsel for the petitioner and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 - State. Perused the record.

3. It is contended by the learned counsel for the

petitioner that the petitioner is innocent and a false

complaint has been foisted against her by respondent

No.2/de-facto complainant and further contended that the

petitioner never interfered with the family affairs of

respondent No.2 and accused No.1 at any point of time.

Therefore, prayed to quash the proceedings against her.

4. On the other hand, learned Assistant Public

Prosecutor 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.

5. On a perusal of the charge sheet, this Court is of the

view that truth or otherwise of the allegations made against

the petitioner can be decided only after conducting trial.

Hence, this Court is not inclined to interfere with the

proceedings against the petitioner.

6. Taking into consideration the fact that only general

and omnibus allegations are leveled against her, her

appearance/attendance before the learned XII Additional

Chief Metropolitan Magistrate, Rajendranagar, in

C.C.No.173 of 2018 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.

7. Further, the petitioner/accused No.2 is at liberty to

file an application before the trial Court seeking her

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.

8. 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.8656 OF 2023

Date: 08.09.2023 dgr