Mohammed Nadeemuddin vs The State Of Telangana
2023 Latest Caselaw 2546 Tel

 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

            CRIMINAL PETITION No.9108 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.5 to quash the proceedings against him 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 him by respondent No.2/de-facto complainant. Therefore,

he prayed to quash the proceedings against him.

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.5 is brother of accused No.1 and only

general allegations are leveled against him, his

appearance/attendance before the learned XIII Additional Chief

Metropolitan Magistrate, Hyderabad, in C.C.No.314 of 2018 is

dispensed with, unless his presence is required by the trial Court

for a specific purpose or at the time of recording his 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.9108 OF 2023

Date: 20.09.2023 vsl