Fatima Begum vs The State Of Telangana
2023 Latest Caselaw 2577 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                  CRIMINAL PETITION NO.9152 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 6 to quash the proceedings against them in

C.C.No.10200 of 2022 pending on the file of XV Additional Chief

Metropolitan Magistrate at Hyderabad. The offences alleged against

the petitioners are under Sections 498-A, 406 and 506 of the Indian

Penal Code (for short 'IPC') and Sections 4 and 6 of the Dowry

Prohibition Act (for short 'DP Act')

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 bald and general

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.9152_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 Trial Court.

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 1st petitioner is

mother of accused No.1, 2nd and 3rd petitioners are brothers of

accused No.1, 4th petitioner is 1st wife of accused No.1 and 6th

petitioner is sister of accused No.1; and only general allegations are

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

appearance/attendance of the petitioners - accused No.2 to 6

before the trial Court shall be dispensed with.

7. Accordingly, the appearance/attendance of the petitioners -

accused Nos.2 to 6 before the Court of XV Additional Chief

Metropolitan Magistrate at Hyderabad in C.C.No.10200 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 GAC,J Crl.P.No.9152_2023

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 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.

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

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 21.09.2023 ns