THE HONOURABLE SRI JUSTICE E v. VENUGOPAL CRIMIN AL PETITION No

'1. The State of Telanoana, Rep. By its public prosecutor. High Court, 2 Smt Shajida Suttana, yg y,? {gnq"er Hussain. Aged 41 years, Occ. Housewife, R/o H.No. 7_7,_.t44, Ai;"k;;. U;iii6;;", rianrmr,ontil -"- ...PETITIONER/ACCUSED petition u nder Sectio n. u, u Ei3".o},.?,,E}J'o*=,!i:ifl""3[:hti]fltl stated in the Memorandum of Grounds of criminat petition, the High court may be pleased to quash the charge sheet in c c N; ztss "t 2024, onthe file of the 9:,.rt^9r the principar Juniortivir Judge- cum-- Frincipar Juoiciar nrrgi.tr;u-of First class at Hanamkonda, for the offLn"". U/sec 498-4, so6 lpc sec 3 of Dp Act against the petitioner/Accused. "f l.A. NO: 2 OF 2025 Petition under Section -\28 of BNSS praying that'in the circumstances stated in the Memorandum of Grounds of cri;in;t petition, the High court may be pleased to stay aii further proceedings incrudin! appearance of the petitioner i Accused in pursuance of the charge sh6et in c.c.it;. 2199 of 2024, on the file of the Principal Junior civir Judge- c-um -principar lrol"irr Magistrate of First crass at Hanamkonda, pendins disposat of the maii '' -'" "riri;rt ;.;i;;;;;;il' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Mr.Pulimamidi shashidhar Reddy, Advocate for the petitioner and the Assistant Public Prosecutor, High court for the state of rerangana, Hyderabad on beharf of the State/ Respondent No.1. The Court made the following: ORDER: THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMIN AL PETITION No.2778 of 2025 ORDER: The present criminal petition is hled under Section 528 of BNSS, seeking to quash C.C.No.2199 of 2024, on thc file ol' the learned Principal Junior Civil Judge-cum-Principal .Judicial Magistrate of First Class at Hanamkonda (for short, 'thc trial Court'), registered for the offences under Section 498 A, 506 IPC and Section 3 of D-P. Act.

2. The petitioner herein is the accused and responclent No.2 herein is the complainant before the trial Court. For the sakc of convenience hereinafter parties are referred to as the accused and the complainant.

3. The brief facts of the case are that,. the complainanl and accused are wife and husband. At the time of their nlarriagc, on the demand of accused, the complainant's brother prcsen ted Rs.5,O0,OOO/-, 1O Tulas of gold and other household articles. Immediately after the marriage, the complainant joined the company of the accused and lead happy marital life for stx months and thereafter, the accused started harassing the comfainant both physically and mentally without any reason 2 They both went to Dubai for their Iivelihood and out of their wedlock, the complainant was blessed with a baby girl. Thereafter, they both returned Inclia and lead happy marital life lor five months. Later, suddcnly the accused left the complainant and went somewhere with the daughtcr. The complainant's consistent efforts in searching the accused and her daughter have gone in vain. Hence, the complainant lodgcd a complaint in the Women Police Station, Warangal.

4. On receipt of the Said compl:rint, the Inspector of Police; WPS-I, Warangal, registered a case in Crimc No.l12 of 2024, under Sections 498-A, 506 IPC, Section 3 of D.P. Act.

5. Heard learned counsel appcaring for the petitioner/ accused and learned Assistant Public Prosecutor appearing for the respondent State. Perused the record.

6. Learned counsel appearing lor the petitioner/ accuscd would submit that the alle gations lcvelled against the petitioner are false and baseless. The petitioner went to Saudi Arabia for his job and later, he had taken respondent No.2 with him on dependant Visa. During the stay at Saudi Arabia, the petitioner took respondent No.2 to psychiatrist, wherein it was stated that respondent No.2 is - J suffering u,ith delusional disorder and she was admitted in the hospital for almost 40 days. After returning to India, respondent No.2 relused to lake care of her daughter. The petitioner and respondent No.2 are living separately since several 1.cars and ars there is no chance of retrieval of conjugal life, the petitioner q,as compellecl to file O.P.No.139 of 2023 seeking for dissolution of marriage and GWOP.NI.|O46 of 2023 for permanent custod,y of chilcl. Respondent No.2 on several occasions came to the house of petitioner with her relatives,'' created nuisance and lhreate ned with dire consequences to kill herself and petitioner. Thus, the petitioner filed a complaint before the Police Station Amberpet on

16.OI.2024. Thereafter, respondent No.2 hled the prcsenl complaint with a malafide intention only to harass the petitioner. Hencc, secks to allow this criminal petition.

7. Per contra, the learned Assistant Public Prosecutor vehemently contended that only after completion of the investigation, the Investigating Ofhcer has liled charge sheet before the learned trial Court and the case was numbered as C.C.No.2199 of 2024 and the truth or otherwise would be revealed only after full-fledged trial. Therefore, he prays this Court to dismiss the present criminal petition. 4

8. Considcring the submission of learrred counsel for the parties, the appearance of the pe titioner/ accused is dispensed with in C.C.No.2199 of 2024 on the filc o[ thc learncd Principal Junior Civil Judge-cum-Principal Judicial Magistratc of First Class at Hanamkonda u,hen rcprescnted by his counsel on record. The appearance of the petitioner is dispenscd u,ith subject to filing an afhdavit by the petitioner stating that il1 his absence, the proceedings conducted by his counsel u'ill nr-rt be clisputed by them in any manner. However, l.he petitioner shall appear before the learned Magistrate as and u,hen his prescncc is required. In the event of failure of the petitioner to appcar whel-r thc Court directs, this order dispensing with their appcar:rnce stands vacated automatically.

9. Accordingly, the Criminal Petition is clisposcd of granting the liberry, as sought for by the petitioner, to lilc an appropriate application before the trial Court, seeking discharge. Upon filing such application, the trial Court shall examinc and pass appropriate orders. However, in view o[ the urgcncy expressed by the learned counsel for the petitioner, the trial Court is directed to conduct and conclude trial in C.C.No.2199 ot 2024 on the file of the learned Principal Junior Civrl Judge-cum-Principal Judici-al 5 Magistrate of First Class at Hanamkonda as expeditiouslv as possible, preferably within a period of three months from Lhe claLe o[ receipt of a copy ol this order. Accordingly, the criminal pctition is disposed of Pending rniscellaneous ;epplications, if any, sl-rall stand closed \ To, SO/- A. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// \ I \ I is ECTION OFFICER

1. The Principal Junior Civil Judge- Cum - Principal Judicial Magistrate of First Class at Hanamkonda,

2. The Station House Officer, WPS Warangal- l, Hanmakonda District . 3. One CC to Sri. Pulimamidi Shashidhar Reddy, Advocate [OPUC] 4 One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

5. Two CD Copies. PSK/gh HIGH COURT DATED:2710612025 ORDER CRLP.No.2778 ot 2025 s c),J .L ;t 2 4 JUL ?025 Dr.- ^ .. - -,., :,.?o i,.'--:,Llt ,i:: ri. J:-: ' *'t .,,i. ,a DISPOSED OF THE CRIMINAL PETITION )J' a ,ll