Telangana High Court
V. Lakshmi Sarada vs The State Of Telangana on 28 June, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.5723 of 2023
ORDER:
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.2 to quash the proceedings against her in C.C.No.167 of 2018 pending on the file of learned XII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 406, 420, 409 and 418 r/w 34 of I.P.C.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1- State. Perused the record.
3. It is contended by the learned counsel for the petitioner that the petitioner is innocent and a false complaint has been foisted against her by respondent No.2/de-facto complainant. Therefore, prayed to quash the proceedings against her.
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided after conducting trial by the Court below. 2
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 only general allegations are levelled against petitioner/accused No.2, her appearance/attendance before the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.167 of 2018 is dispensed with, unless her presence is required by the trial Court for a specific purpose or at the time of recording her examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment.
7. Accordingly, the Criminal Petition is disposed of. It is needless to say, in the event of the petitioner filing an application seeking discharge, if the charges are not yet framed, the concerned Court shall dispose of the same, on merits, within a period of (02) months from the date of filing of the said application, after hearing arguments on both sides.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 28.06.2023 Smk