Nazreen vs The State Of Telangana
2023 Latest Caselaw 2545 Tel

 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.9105 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

petitioner/accused No.6 in C.C.No.314 of 2018 pending on the file

of the learned XIII Additional Chief Metropolitan Magistrate,

Hyderabad, registered for the offences punishable under Sections

498-A and 406 of Indian Penal Code and Sections 3 and 4 of

Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioner 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 petitioner that

the petitioner is innocent and a false complaint has been foisted

against her by respondent No.2/de-facto complainant. Therefore,

he prayed to quash the proceedings against her.

4. On the other hand, learned Assistant Public Prosecutor

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 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.6 is sister of accused No.1 and only general

allegations are leveled against her, her appearance/attendance

before the learned XIII Additional Chief Metropolitan Magistrate,

Hyderabad, in C.C.No.314 of 2018 is dispensed with, unless her

presence is required by the trial Court for a specific purpose or at

the time of recording her examination under Section 313 Cr.P.C.

and on the date of pronouncement of judgment. Further, the

petitioner is at liberty to file an application seeking discharge and

on such application being filed, the trial Court shall dispose of the

same on merits within a period of three (03) weeks, without being

influenced by any of the observations made by this Court in the

present order.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 20.09.2023 vsl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.9105 OF 2023

Date: 20.09.2023 vsl