Mohammad Shabbuddin A2 vs The State Of Telangana
2023 Latest Caselaw 2770 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION NO.9510 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 and 3 to quash the proceedings against them in

C.C.No.12527 of 2019 pending on the file of VII Additional Chief

Metropolitan Magistrate, Nampally at Hyderabad. The offence

alleged against the petitioners is under Section 420 read with Section

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 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 all false allegations.

Learned counsel further contended that the police without due

investigation filed charge sheet against the petitioners. Therefore,

prayed to quash the proceedings against the petitioners.

GAC,J Crl.P.No.9510_2023

4. On the other hand, learned Assistant Public Prosecutor

contended that the police has filed charge sheet against the

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

quash the proceedings against the petitioners 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 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 the senior citizens and parents of accused No.1, this

Court is of the considered opinion that the appearance/attendance

of the petitioners - accused Nos.2 and 3 before the trial Court shall be

dispensed with.

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

accused Nos.2 and 3 before the Court of VII Additional Chief

Metropolitan Magistrate, Nampally at Hyderabad in C.C.No.12527 of

2017 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 pronouncement of

judgment. Further, the petitioners are at liberty to move an GAC,J Crl.P.No.9510_2023

application before the trial Court seeking to discharge them from the

case. On such application being filed and if any 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.

8. Subject to the above directions, this Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 27.09.2023 ns