Kalakanda Rahul Roymunna vs The State Of Telangana
2023 Latest Caselaw 2464 Tel

       HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION NO.9036 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.4 to quash the proceedings against him in C.C.No.1709

of 2023 pending on the file of V Additional Metropolitan Magistrate at

L.B.Nagar, Hyderabad. The offences alleged against the petitioner

are under Sections 498(A), 323 and 506 of the Indian Penal Code and

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

2. Heard learned counsel for the petitioner and 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 a student and brother of accused No.1 and that he is

innocent. 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 with de facto complainant and

accused No.1 and that there are no specific overt acts alleged GAC,J Crl.P.No.9036_2023

against the petitioner; and the police 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 that 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.4 is a student and brother of accused No.1; and only general

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

opinion that the appearance/attendance of the petitioner - accused

No.4 before the trial Court shall be dispensed with.

GAC,J Crl.P.No.9036_2023

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

appearance/attendance of the petitioner - accused No.4 before the

Court of V Additional Metropolitan Magistrate at L.B.Nagar,

Hyderabad in C.C.No.1709 of 2023 is dispensed with, unless his

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 him from the case. On such application being filed and if

prima facie case is not made out against him, 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: 19.09.2023 ns