Kakkera Sanjana vs The State Of Telangana
2023 Latest Caselaw 2698 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION NO.9357 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 petitioner -

accused No.4 to quash the proceedings against her in C.C.No.6838 of

2022 pending on the file of II Additional Junior Civil Judge - cum - XIII

Metropolitan Magistrate, Medchal - Malkajgiri District at Kukatpally.

The offences alleged against the petitioner are under Section 498-A 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 petitioner 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 petitioner that the

petitioner is innocent and a false complaint has been foisted against

her 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 petitioner. Therefore,

prayed to quash the proceedings against the petitioner.

GAC,J Crl.P.No.9357_2023

4. On the other hand, learned Assistant Public Prosecutor

contended that the police has filed charge sheet against the

petitioner only after due investigation and that it is not a fit case to

quash the proceedings against the petitioner 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 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.4 is sister of accused No.1; and only general allegations are

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

appearance/attendance of the petitioner - accused No.4 before the

trial Court shall be dispensed with.

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

accused No.4 before the Court of II Additional Junior Civil Judge -

cum - XIII Metropolitan Magistrate, Medchal - Malkajgiri District at

Kukatpally in C.C.No.6838 of 2022 is dispensed with, unless her

presence is required by the trial Court for a specific purpose or at the

time of recording examination under Section 313 Cr.P.C. and on the

date of pronouncement of judgment. Further, the petitioner is at GAC,J Crl.P.No.9357_2023

liberty to move an application before the trial Court seeking to

discharge her from the case. On such application being filed and if

any prima facie case is not made out against her, 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: 25.09.2023 ns