Smt. Ayesha Sultana v. The State Of Telangana
[ 3251 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1718 OF 2023 Between:
1. S.mt. Aygshg. Sultana, Wo Mohammed John, Aged about 56 years, Occ. Housewife, R/o H.No .5-12-44011, Srinivasa Colony, Nalgonda Distiict
2. Mohammed John, S/o Mohammed Khasim AliAged about 68 years, occ. Retd. Employee, R/o H.No.5-12-44011, Srinivasa Colony, Nalgonda District ... PETITIONER/ACCUSED NO.2&3 AND
1. The State of Telangana, Represented by Public Prosecutor High Court for the State of Telangana, at Hyderabad
2. Smt. Afsa Housewife Samiyuna, W/o Md Muqseed, Aged about 27 years, Occ. , R/o H.No .19-3-262150141 lA, Falaknuma, Hyderabad ...RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioners/Accused No.2 and, 3 in CC.No.1324Ol2O21 before the Hon'ble XV Additional Chief Metropolitan Magistrate, Manorajan Complex, Hyderabad l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings including appearance of the Petitioners/Accused No.2 & 3 in CC.No.1324012021 before the Hon'ble XV Additional Chief Metropolitan Magistrate, Manorajan Complex, Hyderabad This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A K IUUKHEED, Advocate for the Petitioner and of the Additional Public
Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER
{:
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1718 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short'Cr.P.C.) by the petitioners - Accused Nos.2 and 3 to quash the proceedings against them in C.C.No.13240 of 202L pending on the file of XV Additional Chief Metropolitan Magistrate, Manoranjan Complex, Hyderabaci. The offences alleged against them are under Sections 498-A, 406 and 506 of Indian Penal Code (for short *IPC1 and Sections 4 and 6 of Dowry Prohibition Act.
2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 State. Perused the record.
3" Though the petitioners has raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners - accused Nos.2 and 3 as they are aged about 56
a years and 68 years respectively, in the aforesaid case before the trial Court.
4.
Considering the submission of learned counsel for the petitioners; the Criminal Petition is disposed off with the following directions:
i) The attendance of the petitioners - Accused Nos.2 and 3 is dispensed with in C.C.No. L3240 of 202L pending on the file of XV Additional Chief Metropolitan Magistrate, Manoranjan Complex, Hyderabad, when represented by their counsel on record. ii) The attendance of the petitioners is dispensed with subject to filing affidavits by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. iii) However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
5.
Needless to say, the petitioners are at libefi to fire an application seeking discharge before the concerned court. In the event of such application being made, if the charges are not framed, the concerned court shall dispose it off on merits, within a period of four weeks from the date of filing, after hearing arguments on both sides.
Miscellaneous applications pending, if any, shall stand closed. I,I SD/- K. VE ASSISTANT //TRUE COPYII To, sEcTtoN oFFlcER
1. The XV Additional chief Metropolitan Magistrate, Manoranjan complex, Hyderabad ?. Ihe S_UO,Wgmqn'g P.S, South Zone, South Zone Hyderabad
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]
4. One CC to SRl. M A K MUKHEED Advocate tOpUCl
5. Two CD Copies KKS \$,k
HIGH COURT DATED 12210212023 -1 6E s"TA 7t- [fl 14 ill iJ 20?3 -fr PAl
ORDER
CRLP.N o.1718 of 2023 DISPOSING OF THE CRLP * b $$r