Citation : 2023 Latest Caselaw 2621 Tel
Judgement Date : 22 September, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9271 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 and 3 to quash the proceedings in
C.C. No.514 of 2021 on the file of the XIII Additional Chief
Metropolitan Magistrate at Nampally, Hyderabad, registered for
the offences under Sections 498-A, 406 of the Indian Penal Code
(for short 'IPC') and Sections 4 and 6 of the 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.514 of 2021,
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 and 3
before the trial Court.
4. Taking into consideration the fact that only general
allegations are leveled against the petitioners/accused Nos.2
and 3, the appearance/attendance of the petitioners/accused
Nos.2 and 3 before the XIII Additional Chief Metropolitan
Magistrate at Nampally, Hyderabad, in C.C. No.514 of 2021, 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 and 3 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.9271 OF 2023
Date: 22.09.2023 MYK
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