Md. Aleema vs The State Of Telangana
2023 Latest Caselaw 2314 Tel

       HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION NO.8878 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, 4 and 5 to quash the proceedings against them in

C.C.No.4359 of 2022 on the file of the Court of the Additional Judicial

First Class Magistrate, Parkal, Jayashankar-Bhupalapally District, for the

offences punishable under Sections 498(A) and 494 of the Indian

Penal Code (for short 'IPC') 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. Learned counsel for the petitioners seeks permission of this Court

to withdraw the Criminal Petition as far as petitioner No.2-accused

No.4 is concerned. Permission is accorded.

4. It is contended by learned counsel for petitioner Nos.1 and 3

that petitioner Nos.1 and 3 were roped into the case after 25 years of

marriage of respondent No.2 and accused No.1 with all false and GAC,J Crl.P.No.8878_2023

baseless allegations; that accused No.1 being a Muslim, the provision

under Section 494 IPC is not at all applicable; that the police have

mechanically investigated the case and filed charge sheet against

petitioner Nos.1 and 3 and others. Therefore, he prayed to quash the

proceedings against petitioner Nos.1 and 3.

5. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation only, the police have filed

charge sheet and that the question as to whether there is involvement

of petitioner Nos.1 and 3 in the commission of offence or not is to be

decided by the Court below only after conducting full-fledged trial

and thereby prayed to dismiss the criminal petition.

6. Taking into consideration the fact that petitioner Nos.1 and 3-

accused Nos.2 and 5 are sister and mother of accused No.1 and only

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

considered view that the truth or otherwise of the allegations made

against petitioner Nos.1 and 3 can be decided only after conducting

full-fledged trial. Hence, this Court is inclined to dispense with the

appearance/attendance of petitioner Nos.1 and 3-accused Nos.2

and 5 before the trial Court.

7. Therefore, the appearance/attendance of petitioner Nos.1 and

3-accused Nos.2 and 5 before the Court of Additional Judicial First GAC,J Crl.P.No.8878_2023

Class Magistrate, Parkal, Jayashankar-Bhupalapally District, in

C.C.No.4359 of 2022 is dispensed with, unless their presence is required

by the trial Court for a specific purpose or at the time of examination

under Section 313 Cr.P.C. and on the date of pronouncement of

judgment. Further, petitioner Nos.1 and 3 are at liberty to move an

application before the trial Court seeking to discharge them from the

case. On such application being filed, if the trial Court is of the prima

facie view that there is no case made out against petitioner Nos.1

and 3, it shall pass appropriate orders within a period of three (3)

weeks there from, without being influenced by any of the observations

made by this Court in this order.

8. Accordingly, this Criminal Petition is disposed of in respect of

petitioner Nos.1 and 3-accused Nos.2 and 5 and dismissed as

withdrawn as far as petitioner No.2-accused No.4 is concerned.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 13.09.2023 rev