AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.3877 of 2025, on the file of the VI Metropolitan Magistrate, Rachakonda, at L.B.Nagar, wherein the petitioner was arrayed as accused, registered for the offences punishable under Sections 318(4), 351(2), and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
Heard Mr. Gudi Madhusudhan Reddy, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
With the consent of both the learned counsel, the criminal petition is disposed of at the stage of admission.
Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present case. Even according to the allegations levelled in the complaint or in the final report, the ingredients of the offences punishable under Sections 318(4), 351(2), and 115(2) of the BNS are not attracted against the petitioner. The petitioner lodged a complaint against respondent No.2 and basing on the said complaint, crime No.165 of 2023 was registered for the offence punishable under Section 498-A of the Indian Penal Code, 1860 against respondent No.2. In the said crime, the Investigating Officer, after conducting investigation, filed final report before the jurisdictional magistrate and the same was numbered as C.C.No.714 of 2023. Subsequently, the petitioner and respondent No.2 have entered compromise in the case and basing on the same, respondent No.2 was acquitted for the said offence in C.C.No.714 of 2023. Thereafter, respondent No.2 filed the present complaint against the petitioner by making omnibus allegations. Hence, continuation of the proceedings against the petitioner is a clear abuse of the process of law.
Per contra, learned Additional Public Prosecutor submitted that there are specific allegations levelled in the complaint against the petitioner and the said allegations prima facie attracts the ingredients of the above said offences and the petitioner is not entitled to seek quashment of the proceedings against her.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the grounds urged by the learned counsel for the petitioner are disputed facts and the same cannot be adjudicated by this Court while exercising the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). Hence, this Court does not find any ground to quash the proceedings against the petitioner.
At this stage, learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner/accused in C.C.No.3877 of 2025, on the file of the VI Metropolitan Magistrate, Rachakonda, at L.B.Nagar, on the ground that the petitioner is residing at Bellampalli Village, Mancherial District and it is very difficult to the petitioner to travel a long distance to appear before the trial Court on each and every date of hearing, as such the learned counsel sought for dispensing with the presence of petitioner before the Trial Court.
The learned Additional Public Prosecutor has not opposed the above said submission made by the learned counsel for petitioner.
Taking into consideration the peculiar facts and circumstances of the case, submissions made by the learned counsel for the petitioner, the presence of the petitioner/accused in C.C.No.3877 of 2025, on the file of the VI Metropolitan Magistrate, Rachakonda, at L.B.Nagar, is dispensed with, subject to the condition that the petitioner/accused shall be represented by her counsel on every date of hearing, unless her presence is specifically required during the course of the trial. In the event of non-appearance of petitioner/accused on any date so fixed by the trial Court, the trial Court shall be entitled to proceed with the matter in accordance with law.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.