Telangana High Court
Kachakayala Ramadevi vs The State Of Telangana on 13 July, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.6357 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 5 to quash the proceedings against them in C.C.No.383 of 2023 pending on the file of learned Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class at Hanamkonda, Hanamkonda District, registered for the offences under Sections 498-A and 506 of Indian Penal Code (for short "I.P.C.") and Section 3 & 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners/accused Nos.2 to 5 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 petitioners/accused Nos.2 to 5 that the petitioners/accused Nos.2 to 5 are innocent and a false case has been foisted against them by respondent No.2/de-facto complainant. Therefore, prayed to quash the proceedings against the petitioners/accused Nos.2 to 5.
2
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioners/accused Nos.2 to 5 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/accused Nos.2 to 5 can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners/accused Nos.2 to 5.
6. Taking into consideration the fact that only general allegations are leveled against petitioners/accused Nos.2 to 5, their appearance/attendance before the learned Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class at Hanamkonda, Hanamkonda District, in C.C.No.383 of 2023 is dispensed with, unless their presence is required by the trial Court for a specific purpose or at the time of recording their examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioners/accused Nos.2 to 5 are at liberty to make appropriate application before the trial court seeking 3 discharge. On such application being filed, the trial court shall consider the same and if prima facie no incriminating material is available against the petitioners/accused Nos.2 to 5, the trial Court shall dispose of the same without being influenced by any of the observations made by this Court in the present order.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 13.07.2023 myk 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.6357 OF 2023 Date: 13.07.2023 Myk