Smt.Jaya Joshi v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3144 0F 2022 Between:
Smt.Java Joshi, W/o.Krishna Joshi, Aged about 65 years' Occ. Housewife, R/o.Flai No.404, Sri Said Residency, Chaitanya Colony' Manikonda, Hyderabad ...PETITIONER AND '1 . The State of Telangana, Rep.by Public Prosecutor, High Court of Telangana At Hyderabad.
2. Smt.Dr.Sai Shreya, W/o. Pradeep Joshi, Aged about 35 years-Occ. Doctor, Rio. Flat No.2O1, N/urahari Enclave. Gyanmahal, Street No.6, Domalguda' Hyderabad.
..,RESPONDENTS Petition under section 482 ol cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the cc.No.441 12021 , on the file of the Xlll Additional chief Metropolitan Magistrate, Nampally at Hyderabad . A. NO: 2 OF 2022 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 pleased to stay all further proceedings in cc.No.44112021, on the file of the Xlll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad' This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri RAJAGOPALLAVAN TAYI ,Advocate for the Petitioner and the Public Prosecutor on behalf of the ResPondent No1.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.3144 of 2022 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.44 1 of 2O2l pending on the file of the XIll Add1. Chief Metropolitan Magistrate at Nampaliy, Hyderabad. The petitioner herein is accused No.2 in the said C.C. The offences alleged against her are under Sections 498, 406, 42O and 5O6 of IPC.
2.
Heard learned counsel for the petitioner and learned Public Prosecutor for the State. Perused the record. With their consent this Criminal Petition is disposed of, at the admission stage.
3.
As per the charge sheet, the marriage of A-1 with 2"a respondent was performed on 08-03-2019. Thereafter
l matrimonial disputes arose between them' Perusal of the charge sheet in the said Calendar Case would reveal that pima facie there are certain allegations against the petitioner herein and they are triable issues' The defences taken by the petitioner herein cannot be considered in art application filed under Section 4A2 of Cr'P'C' The petitioner has to face trial and prove her innocence' In view of the same, this Court is not inclined to quash the proceedings in C.C.No.44 1 of 2O2l pending on the file of the XIII Addl. Chief Metropolitan Magistrate at Nampally' Hyderabad, against the petitioner herein' However' in matrimonial disputes the identification of parties is not in dispute. Petitioner herein is aged mother of A-1, aged about 65 years.
4.
However, considering the fact that the disputes between A-1 and 2'd respondent are matrimonial disputes' this Criminal Petition is disposed of dispensing with the presence of the petitioner herein I A-2 only in C'C'No'441
l of 2O2l pending on the file of the XIII Addl. Chief Metropolitan Magistrate at Nampally, Hyderabad. However, she shall appear before the said Court as and when her presence is required.
Miscellaneous petitions, if any, pending in this s114lel-psglion -gheU !!4!d cle!94- -. - SD/.T.JAYASREE ASSISTANT REGISTRAR I / //TRUE COPY// sEcTloN Eta,"t* To, l.TheXlllAdditionalChiefMetropolitanMagistrate,Nampallyat Hyderabad.
2. The Station House Officer, WPS Police Station ' C C S 'DD' Hyderabad'
3. Two CCs to Public Prosecutor, High Court for the State of Telangana' at HYderabad [OUT]
4. One CC to SRl. RAJAGOPALLAVAN TAYI Advocate [OPUC]
5. Two CD CoPies
6. One SPare CoPY CDL --/- MM&;
\ HIGH COURT DATED:0610412022
ORDER
l() CRLP.No.3144 of 2022 DISPOSING OF THE CRIMINAL PETITION Qi\l s