Suddala Mallishwari vs The State Of Telangana
2023 Latest Caselaw 2619 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.9269 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.272 of 2023 on the file of the Junior Civil Judge-cum-

Judicial Magistrate of I Class at Luxettipet, registered for the

offences under Sections 494, 294(b), 506 r/w 34 of the Indian

Penal Code (for short 'IPC').

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.272 of 2023,

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, the appearance/attendance of the petitioners/accused Nos.2

to 5 before the Junior Civil Judge-cum-Judicial Magistrate of I

Class at Luxettipet, in C.C. No.272 of 2023, 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.9269 OF 2023

Date: 22.09.2023 MYK