Chittimalla Venu Murthy vs The State Of Telangana,
2023 Latest Caselaw 2466 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION NO.9048 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 to 4 to quash the proceedings against them in

C.C.No.2968 of 2021 pending on the file of Special Judicial Magistrate

of First Class Prohibition and Excise Offences at Sangareddy. The

offences alleged against the petitioners 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 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 in order to pressurize accused No.1, the

present false complaint has been foisted against them by the

de-facto complainant with bald and general allegations. Learned

counsel further contended that the petitioners have never shared the

roof of de facto complainant and accused No.1. Learned counsel

further contended that the police without duly investigating the case GAC,J Crl.P.No.9048_2023

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 petitioner No.1 - accused

No.2 is father of accused No.1, petitioner No.2 - accused No.3 is sister

of accused No.1 and petitioner No.3 - accused No.4 is grandmother

of accused No.1 who is the senior citizen; and only general allegations

are leveled against them, this Court is of the considered opinion that

the appearance/attendance of the petitioners - accused Nos.2 to 4

before the trial Court shall be dispensed with.

GAC,J Crl.P.No.9048_2023

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

appearance/attendance of the petitioners - accused Nos.2 to 4

before the Court of Special Judicial Magistrate of First Class Prohibition

and Excise Offences at Sangareddy in C.C.No.2968 of 2021 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: 19.09.2023 ns