Smt.Ch.Vijaya vs The State Of Telangana
2023 Latest Caselaw 2316 Tel

       HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION NO.8851 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 petitioner -

accused No.2 to quash the proceedings against her in C.C.No.10895

of 2022 pending on the file of XIII Additional Chief Metropolitan

Magistrate, Hyderabad. The offences alleged against the petitioner

are under Section 498(A) of the Indian Penal Code and Sections 3

and 4 of the Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioner, 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 petitioner that the

petitioner is innocent and she is the mother of accused No.1. Learned

counsel further contended that in order to pressurize accused No.1,

the present false complaint has been foisted against all the accused

by the de-facto complainant with bald and general allegations.

Learned counsel also contended that the petitioner has never shared

the roof of de facto complainant and accused No.1 and there are no

specific allegations made against the petitioner; and the police GAC,J Crl.P.No.8851_2023

without duly investigating the case filed charge sheet against the

petitioners. Therefore, prayed to quash the proceedings against the

petitioner.

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed charge

sheet against the petitioner. He further 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 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 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 the petitioner - accused

No.2 is mother of accused No.1; and only general allegations are

leveled against her, this Court is of the considered opinion that the

appearance/attendance of the petitioner - accused No.2 before the

trial Court shall be dispensed with.

GAC,J Crl.P.No.8851_2023

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

appearance/attendance of the petitioner - accused No.2 before the

Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad in

C.C.No.10895 of 2022 is dispensed with, unless her 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 petitioner is at liberty to

move an application before the trial Court seeking to discharge her

from the case. On such application being filed and if prima facie

case is not made out against her, 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: 13.09.2023 ns