Telangana High CourtSmt. Zenath Sajida vs The State Of Telangana on 1 September, 2023HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY\n\n                  CRIMINAL PETITION NO.8428 OF 2023\n\nO R D E R:This Criminal Petition is filed underSection 482of the Code of\n\nCriminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners -\n\naccused Nos.2 to 5 to quash the proceedings against them in\n\nC.C.No.7744 of 2022 pending on the file of XIII Additional Chief\n\nMetropolitan Magistrate, Nampally, Hyderabad. The offences alleged\n\nagainst the petitioners are underSections 498(A),406and506of the\n\nIndian Penal Code andSections 3and4of the Dowry Prohibition Act,\n\n1961.2.      Heard learned counsel for the petitioners, Sri S.Ganesh, learned\n\nAssistant Public Prosecutor for respondent No.1 - State and perused\n\nthe record.3.      It is contended by learned counsel for the petitioners that the\n\npetitioners are innocent and a false complaint has been foisted\n\nagainst them by the de-facto complainant with bald and general\n\nallegations.    Learned counsel further contended that the police\n\nwithout duly investigating the case filed charge sheet against the\n\npetitioners.   Therefore, prayed to quash the proceedings against\n\nthem.GAC,J\n                                                          Crl.P.No.8428_202324.    On the other hand, learned Assistant Public Prosecutor\n\ncontended that after due investigation, the police have filed charge\n\nsheet against the petitioners. He further contended that it is not a fit\n\ncase to quash the proceedings against the petitioners at this juncture\n\nand the matter has to be decided only after conducting trial by the\n\nCourt below.5.    On a perusal of the charge sheet, this Court is of the view that\n\ntruth or otherwise of the allegations made against the petitioners can\n\nbe decided only after conducting trial. Hence, this Court is not\n\ninclined to interfere with the proceedings against the petitioners.6.    Taking into consideration the fact that petitioner No.1 - accused\n\nNo.2 is mother of accused No.1 and petitioners 2 to 4 - accused Nos.3\n\nto 5 are brothers of accused No.1; and only general allegations are\n\nleveled against them, this Court is of the considerable view that the\n\nappearance/attendance of the petitioners - accused Nos.2 to 5\n\nbefore the trial Court shall be dispensed with.7.    Accordingly, this    Criminal    Petition is   disposed   of.       The\n\nappearance/attendance of the petitioners - accused Nos.2 to 5\n\nbefore the Court of XIII Additional Chief Metropolitan Magistrate,\n\nNampally, Hyderabad in C.C.No.7744 of 2022 is dispensed with, unless\n\ntheir presence is required by the trial Court for a specific purpose or at\n                                                                      GAC,J\n                                                        Crl.P.No.8428_20233the time of recording examination underSection 313Cr.P.C. and on\n\nthe date of pronouncement of judgment. Further, the petitioners are\n\nat liberty to move an application before the trial Court seeking to\n\ndischarge them from the case. On such application being filed and if\n\nprima facie case is not made out against them, the trial Court shall\n\nconsider the same and pass appropriate orders within a period of\n\nthree (03) weeks from the date of filing of the said discharge petition\n\nwithout being influenced by any of the observations made by this\n\nCourt in this order.Miscellaneous applications pending, if any, shall stand closed._______________________________\n                                      G.ANUPAMA CHAKRAVARTHY, J\n\nDate: 01.09.2023\nns