Telangana High Court
Kotha Suresh Kumar vs The State Of Telangana on 11 July, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.6238 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.1 to 3 to quash the proceedings against them in C.C.No.100 of 2021 pending on the file of learned Judicial First Class Magistrate, Peddapalli, Telangana, for the offences under Sections 498-A and 506 of Indian Penal Code and Section 4 of 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. It is the specific contention of the learned counsel for petitioners that the petitioners are innocent of the alleged offences and they were falsely implicated in the case and therefore, prayed to quash the proceedings against them in the C.C.
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings GAC,J Crl.P.No.6238 of 2023 2 against the petitioners at this juncture and the matter has to be decided 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 trial is in progress in the above C.C., this Court is of the considered view that the presence of petitioner Nos.2 and 3/accused Nos.2 and 3 before the trial Court can be dispensed with. However, petitioner Nos.2 and 3/accused Nos.2 and 3 shall appear before the learned Magistrate as and when their presence is required. The presence of petitioner No.1/accused No.1 cannot be dispensed with as the entire allegations are made against him. Further, the petitioners are at liberty to file an application seeking discharge and on such application being filed, the trial Court shall dispose of the same on merits without getting influenced by any of the observations made by this Court in the present order.
GAC,J Crl.P.No.6238 of 2023 3
7. With the above observation, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 11.07.2023 vsl GAC,J Crl.P.No.6238 of 2023 4 102 THE HON'BLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.6238 of 2023 Date: 11.07.2023 vsl