Smt.Maganti Radha Bai vs The State Of Telangana
2023 Latest Caselaw 2220 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION No.8708 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 to 4 to quash the

proceedings against them in C.C.No.8641 of 2022 pending

on the file of learned VIII Additional Metropolitan

Magistrate, Kukatpally, registered for the offences under

Sections 498-A and 323 of the Indian Penal Code (for short

'IPC').

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. It is contended by the learned counsel for the

petitioners that the petitioners are innocent and a false

complaint has been foisted against them by respondent

No.2/de-facto complainant. Therefore, prayed to quash the

proceedings against them.

04. On the other hand, learned Assistant Public

Prosecutor for the State-respondent No.1 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.

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

of the view that truth or otherwise of the allegations made

against the petitioners can be decided only after

conducting trial. Hence, this Court is not inclined to

interfere with the proceedings against the petitioners.

06. Taking into consideration the fact that bald and

general allegations are leveled against the petitioners /

accused Nos.2 to 4, the appearance/attendance of the

petitioners/accused Nos.2 to 4 before the learned VIII

Additional Metropolitan Magistrate, Kukatpally, in

C.C.No.8641 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/accused Nos.2 to 4 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. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall

stand closed.

__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 11-SEP-2023 KHRM

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8708 OF 2023 Date: 11-SEP-2023 KHRM