Bethi Jyothi vs The State Of Telangana
2023 Latest Caselaw 2269 Tel

       HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION NO.8809 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.4 and 5 to quash the proceedings against them in

C.C.No.266 of 2018 pending on the file of Judicial First Class Magistrate

- cum - Special Mobile Judge, Nalgonda. The offences alleged

against the petitioners are under Sections 498(A) and 506 of the Indian

Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned

Assistant Public Prosecutor for respondent No.1 - State and perused

the record.

3. It is contended by learned counsel for the petitioners that the

petitioners are innocent and they are the sisters of accused No.1.

Learned counsel further contended that the marriage between

accused No.1 and de facto complainant was dissolved by way of

decree of divorce vide order dated 03.02.2022 and in order to

pressurize accused No.1, the present false complaint has been foisted

against the accused by the de-facto complainant with bald and

general allegations. Learned counsel also contended that the GAC,J Crl.P.No.8809_2023

petitioners have never shared the roof of de facto complainant and

accused No.1 and the police without duly investigating the case filed

charge sheet against the petitioners. Therefore, prayed to quash the

proceedings against them.

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed charge

sheet against the petitioners. 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 only 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 petitioners can

be decided only after conducting trial. Hence, this Court is not

inclined to interfere with the proceedings against the petitioners.

6. Taking into consideration the fact that the petitioners - accused

Nos.4 and 5 are married sisters of accused No.1; and only general

allegations are leveled against them, this Court is of the considered

opinion that the appearance/attendance of the petitioners -

accused Nos.4 and 5 before the trial Court shall be dispensed with.

GAC,J Crl.P.No.8809_2023

7. Accordingly, this Criminal Petition is disposed of. The

appearance/attendance of the petitioners - accused Nos.4 and 5

before the Court of Judicial First Class Magistrate - cum - Special

Mobile Judge, Nalgonda in C.C.No.266 of 2018 is dispensed with,

unless their presence is required by the trial Court for a specific

purpose or at the time of recording examination under Section 313

Cr.P.C. and on the date of pronouncement of judgment. Further, the

petitioners are at liberty to move an application before the trial Court

seeking to discharge them from the case. On such application being

filed and if prima facie case is not made out against them, the trial

Court shall consider the same and pass appropriate orders within a

period of three (03) weeks from the date of filing of the said discharge

petition without being influenced by any of the observations made by

this Court in this order.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 12.09.2023 ns