Kurra Padma vs The State Of Telangana
2023 Latest Caselaw 2618 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.9284 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code

of Criminal Procedure (for short 'Cr.P.C.') by the

petitioners/accused Nos.2 to 5 to quash the proceedings in C.C.

No.1225 of 2019 on the file of the III Additional Junior Civil

Judge-cum-III Additional Metropolitan Magistrate, Malkajgiri,

Medchal-Malkajgiri District, registered for the offences under

Sections 498-A, 506 r/w 34 of the Indian Penal Code (for short

'IPC') and Sections 3 and 4 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. Though the present petition is filed seeking to quash the

proceedings against the petitioners in C.C. No.1225 of 2019,

during the course of arguments, learned counsel for the

petitioners confined his prayer to the extent of dispensing with

the personal appearance of the petitioners/accused Nos.2 to 5

before the trial Court.

4. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.2 to

5, who are the mother, sisters and brother-in-law of accused

No.1, the appearance/attendance of the petitioners/accused

Nos.2 to 5 before the III Additional Junior Civil Judge-cum-III

Additional Metropolitan Magistrate, Malkajgiri, Medchal-

Malkajgiri District, in C.C. No.1225 of 2019, 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.

5. Further, the petitioners/accused Nos.2 to 5 are at liberty

to file an application before the trial Court seeking their

discharge. On such application being filed, the trial Court shall

dispose of the same on merits within three weeks from the date

of filing of the said petition, without being influenced by any of

the observations made by this Court.

6. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 22.09.2023 MYK

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINIAL PETITION No.9284 OF 2023

Date: 22.09.2023 MYK