Mohd. Yousuf Ali vs The State Of Telangana
2023 Latest Caselaw 2469 Tel

 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

            CRIMINAL PETITION No.9058 OF 2023

ORDER:

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.5 and 6 to quash the proceedings against

them in C.C.No.8996 of 2022 pending on the file of the learned XV

Additional Chief Metropolitan Magistrate, Hyderabad, for the

offences punishable under Sections 498-A, 406, 506 and 504 of

Indian Penal Code and Sections 4 and 6 of Dowry Prohibition Act,

1961.

2. Heard learned counsel for the petitioners and Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State.

Perused the record.

3. It is contended by the learned counsel for the petitioners

that the petitioners are innocent and a false complaint has been

foisted against them by respondent No.2/de-facto complainant.

Therefore, he prayed to quash the proceedings against them.

4. On the other hand, learned Assistant Public Prosecutor

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 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 the

petitioners/accused Nos.5 and 6 are brother and sister-in-law of

accused No.1 and only general allegations are leveled against

them, their appearance/attendance before the learned XV

Additional Chief Metropolitan Magistrate, Hyderabad, in

C.C.No.8996 of 2022 is dispensed with, unless their presence is

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

recording their examination under Section 313 Cr.P.C. and on the

date of pronouncement of judgment.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 19.09.2023 vsl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.9058 OF 2023

Date: 19.09.2023 vsl