Smt. Gaddam Anasurya vs State Of Telangana
2023 Latest Caselaw 2746 Tel

      HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION NO.9433 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 7 to quash the proceedings against them in C.C.No.870 of 2023

pending on the file of II Additional Judicial First Class Magistrate,

Mancherial. The offences alleged against the petitioners are punishable

under Sections 498-A and 506 of the Indian Penal Code.

2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned

Assistant Public Prosecutor for respondent No.2 - 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 duly

investigating the case filed charge sheet against the petitioners.

Therefore, he prayed to quash the proceedings against them.

4. On the other hand, learned Assistant Public Prosecutor contended

that after due investigation, the police have filed charge sheet against the GAC,J Crl.P.No.9433_2023

petitioners. He further contended that it is not a fit case to quash the

proceedings against the petitioners at this juncture and the matter has to

be decided only after conducting trial by the Court below.

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 petitioners-accused

Nos.2 and 3 are parents, petitioners-accused Nos.4 and 5 are sisters and

petitioners-accused Nos.6 and 7 are brother-in-laws of accused No.1 and

that only general allegations are leveled against the petitioners, this Court

is of the considerable view that the appearance/attendance of the

petitioners-accused Nos.2 to 7 before the trial Court shall be dispensed

with.

7. Accordingly, this Criminal Petition is disposed of. The

appearance/attendance of the petitioners - accused Nos.2 to 7 before the

Court of II Additional Judicial First Class Magistrate, Mancherial, in

C.C.No.870 of 2023 is dispensed with, unless their 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 GAC,J Crl.P.No.9433_2023

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 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.

Miscellaneous applications pending, if any, shall stand closed.

___________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 26.09.2023 rev