Matti Pragathi v. The State Of Telangana
132541
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD I i THURSDAY,THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRESENT I THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 6368 OF 2023 Between:
1. \tlgttj Plggattl,ryg.Matti Praveen Kumar, Aged about 30 years Occ. Housewife. _ Vo f.Io. 1-85, SC Colony. Kethepalli Mandalbm, Natgonda,'Tetangana-50821.1.
2. Matti Praveen Kumar, S/o. Anand, Aged about 37 years O6c. Government Employee, _Blq H No. 1-85, SC Cotony, Kethepaili Mandatam, Natgonda, Telangana-50821 1 .
AND ...PET|TIONERS/ACCUSED No.4 & I
1. The Stqte of Telangana, Represented by Public Prosecutor. Through Nakrekal Police 9tation, High Court at Hyderabad, Hyderabad.
2. Smt..V3nguri Kavya, Wo. Vanguri Pradeep Aged about 26 years, Om Housewife, Rl/o. Nakrekal, Nalgonda District.
...RESPONDENTS/COMPLAINANT 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 call for records relating to and in connection with C.C No. 221 of 2022, pending on the file of Judicial First Class Magistrate at Nakerkal against the petitioners and quash the same.
l.A. NO: 1OF 2023 Petition under Section 482 of CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may bg pleased to stay of all further proceedings of C.C No. 221 oI 2022, pending on the file of Judicial First Class Magistrate at Nakerkal, against the petitioners pending disposal of the Criminal petition.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GUJJARI NAVEEN KUMAR ,Advocate for the Petitioner and the of Sri S. Ganesh, Learned Assistant Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2.
The Court made the following: ORDER
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.6368 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 petitioners / accused Nos.4 and 8 to quash the proceedings against them in C.C.No.221 of 2022 pending on the file of learned Judicial First Class Magistrate at Nakrekal, registered for the offences under Sections 498-A of Indian Penal Code (flor short "I.P.C.") and Section 3 & 4 of Dowry Prohibition Act. 1961.
2.
Heard learned counsel for the petitioners/ accused Nos.4 and B 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.4 and that the petitioners/ accused Nos.4 and 8 are innocent and a false case has been foisted against them by respondent No.2/defacto complainant. Th erefore, prayed to quash the proceedings against the petitioners/ accused Nos.4 and B
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.4 and 8 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.4 and 8 can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners/ accused Nos.4 and B.
6.
Taking into consideration the fact that only general allegations are leveled against petitioners/ accused Nos'4 ald 8, their appearance/ attendalce before the learned Judicial First Class Magistrate at Nakrekal, in C.C'No.22 I of 2022 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.4 and 8 are at liberty to make appropriate application before the trial court seeking discharge. On such application being Iiled, the trial court *.'.
shall consider the same and if pima facie no incriminating material is available .against the petitioners/ accused Nos.4 and 8, the trial Court sha1l dispose of the same without being influenced by any of the observations made b1' this Court in the present order.
7.
Accordingly, the Criminal Petition is disposed of. Miscellaleous applications pending, if any, shall stand closed Sd/- P. PADMANABHA REDDY ASSISTANT REGISTRAR / //TRUE COPY// ) SECTION OFFICER To,
1. The Judicial First Class Magistrate at Nakerkal
2. The Station House Officer, Nakrekal Police Station, Nalgonda District.
3. One CC to Sri Gujjari Naveen Kumar, Advocate [OPUC] Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT) t el Two CD Copies BJLB
HIGH COURT DATEO;13|07t2023 ,,1 -) . ,rL j Itr.
\ ,)
ORDER
t ) 2 I J\l\- .IUI ) // .:
/ / i..,.\1 L:
'- - -;-'
CRLP.No.6368 of 2023 CRIMINAL PETITION IS DISPOSED OF b