MADANAKANTI TEJASRI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "the BNSS"), invoking the inherent jurisdiction of this Court to seek quashment of the order dtd. 6/10/2023 passed in Crl.M.P. No. 361 of 2023 in Spl. C.C. No. 4 of 2018 on the file of the Court of the Special Sessions Judge for Trial of Cases under the SCs/STs (POA) Act-cum-II Additional Sessions Judge, Nizamabad.

(2.) Heard Mr. P. Sriharinath, learned counsel for the petitioner, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No.1/State.

(3.) The brief facts, as borne out from the record, are that the petitioner/de facto complainant lodged a police report on 4/1/2017 alleging acts of dowry harassment, physical and mental cruelty, and caste based abuse against her husband, parents-in-law (arrayed as accused Nos. 1 to 3), respondent Nos. 2 to 5, and certain other family members. Upon completion of investigation, the police filed a charge sheet only against accused Nos. 1 to 3, namely the husband and parents-in-law, while exonerating the other named persons (L.Ws. 4 to 8). During the course of trial, the petitioner was examined as P.W.1. In her examination-in-chief, she made statements against the persons who were initially named in the FIR but not charge-sheeted. Relying upon such deposition, the petitioner filed an application under Sec. 319 of the Code of Criminal Procedure, 1973, seeking to summon the said persons as additional accused to face trial along with the existing accused. The trial Court, upon consideration of the material on record, dismissed the said application.