Kummari Prabhu vs The State Of Telangana
2024 Latest Caselaw 1673 Tel

Citation : 2024 Latest Caselaw 1673 Tel
Judgement Date : 24 April, 2024

Telangana High Court

Kummari Prabhu vs The State Of Telangana on 24 April, 2024

       THE HONOURABLE SMT. JUSTICE K. SUJANA

              CRIMINAL PETITION No.8538 of 2023

ORDER:

This Criminal Petition is filed under Section 482 of the

Code of Criminal Procedure, 1973 by the petitioners/accused

Nos.1 to 3, seeking to quash the proceedings against them in

S.C.No.118 of 2017 on the file of II Additional District Judges

Court at Sanga Reddy, for the offences punishable under Section

304 of IPC.

2. The brief facts of the case are that the accused along

with other accused subjected the deceased to mental and

physical torture demanding her to bring additional dowry of

Rs.20,00,000/-, due to which, the deceased committed suicide

on 19.01.2016. Based on the complaint, a case was registered

vide Crime No.06 of 2016 by Indrakarn Police, Medak and after

completion of investigation, charge sheet was filed vide

S.C.No.118 of 2017 on the file of II Additional District Judge

Court at Sangareddy.

3. Heard Sri U.V.Suresh Kumar, learned Counsel for the

Petitioners and Sri S. Ganesh, learned Assistant Public

Prosecutor for respondent No.1-State.

SKS,J

4. Learned counsel for the petitioner submitted that there

is no such allegation against the petitioner to attract any of the

offences alleged and prayed to allow the Criminal Petition by

quashing the proceedings against the petitioners/accused Nos.1

to 3.

5. On the other hand, learned Assistant Public Prosecutor

for respondent No.1-State opposed the submissions of the

learned counsel for the petitioners and prayed to dismiss the

Criminal Petition.

6. Having regard to the rival submissions of both the

counsel, this Court has perused the entire material available on

record. Admittedly, the trial has already commenced and

witnesses were examined. It is pertinent to note that the

Sessions Case pertains to the year 2017. Further, the dying

declaration discloses that allegation levelled against the

petitioners is that they used to abuse the deceased for additional

dowry. Considering the facts and circumstances of the case, this

Court is inclined to direct the trial Court to conclude the trial

and dispose of the Sessions Case as early as possible by

affording due opportunity to both the parties.

SKS,J

7. At this stage, it is pertinent to note the Judgment of the

Hon'ble Supreme Court in State of Madhya Pradesh vs.

Surendra Kori 1 , wherein in paragraph No.14 it is held as

follows:

"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."

8. In view of the above discussion as well as the law laid

down by the Hon'ble Supreme Court in Surendra Kori (Supra),

this Court does not find any merit in the criminal petition to

quash the proceedings against the petitioners and the same is

liable to be dismissed.

9. Accordingly, the Criminal Petition is dismissed. Further,

since petitioner Nos.2 and 3/accused Nos.2 and 3 are suffering

from age old ailments, this Court deems it appropriate to

dispense with their appearance before the trial Court subject to

the condition that they are being represented by their counsel on

(2012) 10 Supreme Court Cases 155

SKS,J