Kaitha Srikanth Reddy vs The State Of Telangana
2023 Latest Caselaw 2465 Tel

            HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                    CRIMINAL PETITION NO.9047 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.1 to 7 to quash the proceedings against them in

C.C.No.1996 of 2022 pending on the file of Judicial First Class

Magistrate at Amangal, Ranga Reddy District. The offences alleged

against the petitioners are under Sections 448, 323, 324, 325, 504, 506

and 509 read with Section 34 of the Indian Penal Code (for short

'IPC').

2. Heard learned counsel for the petitioners 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 petitioners that the

petitioners are innocent and a false complaint has been foisted

against them by the de-facto complainant with all false allegations.

Learned counsel further contended that the police without due

investigation filed charge sheet against the petitioners. Therefore,

prayed to quash the proceedings against the petitioners.

GAC,J Crl.P.No.9047_2023

4. On the other hand, learned Assistant Public Prosecutor

contended that the police has filed charge sheet against the

petitioners only after due investigation and that it is not a fit case to

quash the proceedings against the petitioners at this juncture as 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 there are civil disputes

between the parties and no specific overt acts are made against

petitioner Nos.2 to 7/accused Nos.2 to 7, this Court is of the

considered view that the appearance/attendance of petitioner Nos.2

to 7/accused Nos.2 to 7 before the trial Court shall be dispensed with.

7. Accordingly, the appearance/attendance of petitioner Nos.2

to 7/accused Nos.2 to 7 before the Court of Judicial First Class

Magistrate at Amangal, Ranga Reddy District in C.C.No.1996 of 2022 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.

GAC,J Crl.P.No.9047_2023

No such relief is given so far as petitioner No.1/accused No.1 is

concerned.

8. 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 any 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.

9. Subject to the above directions, the Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 19.09.2023 ns