Bolloji Nadipi Laxmi @ Laxmi v. The State Of Telangana

IN THEHIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY THE NINETEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: '10456 OF 2023 Between:

1. Bolloli Nadipi Laxmi @ Laxmi, Wo. Gangaram, Age.45 years, Occ. Agriculture, Fl/o. H.No. 6-48137, Mannegudem Village, Ivledipalli Mandal, Jagtial Dlstrict.

2. Bolloji Gangaram, S/o.Gangram, Age.62 years, Occ. Agriculture, PJo. H.No 6-48137, Mannegudem Village, Medipalli Mandal, Jagtial District.

3. Bomma Sangeetha, Wo. Naresh, Occ. Agriculture, Age 32, R/o. Mannegudem Village, Medipalli Mandal, Jagtial Diskict. ...PETITIONER/ACCUSED No.2 to 4 AND

1. The State of Telangana, through SHO P.S. Velgatoor, Rep., by Public Prosecutor, High Court For the State of Telangana, At Hyderabad.

2. Bolloji Soujanya, Wo. Ashok, Age 24 years, Occ. Agriculture, R/o Kishanraopet Village, Velgatoor Mandal, Jagtial District. ...RESPONDENTS

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 toto quash the proceedings in CC. No. 72 of 2023 on the file of Judicial Magistrate of First Class at Dharmapuri against the Petitioners/Accused No. 2 to 4.

A. NO: 1 OF 2023 Petitron 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 grant stay of all further proceedings in CC. No. 72 of 2023 on the file of Judicial Magistrate of First Class at Dharmapuri. including the appearance of the petitioners/ Accused No. 2 to 4 titl the disposal of the Quash petition in the interest of the .Justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ALLURI DIVAKAR REDDY ,Advocate for the Petrtioner and the Public prosecutor (TG) on behalf of the Respondent No. 1 and Non Appeared for the Respond ent No.2. The Court made the following: ORDER

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No. 1O456 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.2 to 4 to quash the proceedings against them in C.C.No.72 of 2023 pending on the file of the Judicial Magistrate of First Class at Dharmapuri. The alleged offences against them are punishable under Sections 498-A, 323, 29O, 506 of IPC and Section 4 of Dowry Prohibition Act, 1961.

02. Heard learned counsel for the petitioners and Sri S.Galesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.

03. It is the specific contention of the learned counsel for the petitioners that the petitioner Nos.l and 2 are parents and petitioner No.3 is sister of accused No.l, who is husband of respondent No.2. It is contended that except bald allegations that the petitioners/ accused Nos.2 to 4 have abused respondent No.2, there are no specific

overt acts or allegations against them and therefore, he prayed to quash the proceedings against them.

04. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioners as police have investigated the case and filed charge sheet against them. He further contended that it is not a fit case to quash the proceedings against the petitioners at this juncture and the matter is to be decided after conducting trial by the Court below.

05. Taking into consideration the fact that bald and general allegations are made against the petitioners/ accused Nos.2 to 4, the appearance / attendance of petitioners/accused Nos.2 to 4 before the Judicial Magistrate of First Class at Dharmapuri, in C.C.No.72 of 2023, is dispensed with, unless their presence is required by the Trial Court for a specil-rc purpose, or at the time of recording their examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioners / accused Nos.2 to 4 are at liberty to hle discharge petition and on such petition being filed, the

il.

Trial Court sha-ll dispose of the same on merits within three

(3) weeks from the date of filing of the said petition, uninfluenced by any of the observations made in this Order.

06.

Accordingly, this Crimina_l petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

SECTION OFFICER a SdI A.V.S. PRASAD ASSISTANT REGISTRAR /ffRUE COPY// To,

1. The Judicial Magistrate of First Class at Dharmapuri

2. The SHO P.S. Velgatoor,.

3. One CC to 'SRl. ALLURI DIVAKAR REDDY Advocate [OPUC] -furD

4. €ne CG.to SRl. PUBLIC PROSECUTOR Adveeate tOU! !. rwo cD copies.

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\ I HIGH COURT DATED:1911012023 1 e STAf€ q a .b f,o 21 N[! 2t?1

ORDER

* t o DE Spn.l t GRLP.No.10456 of 2023 THE CRIMINAL PETITION IS DISPOSED OFF S Gfal Fr- ----1'- q\\'\'3