Dismissed

Vissamsetti Ramaseshukumari v. The State of A.P.

Andhra Pradesh HC23 Aug 2021CRLP/4684/2021

Case brief

AI extract

What is this about?

Criminal Appeal seeking quashing of a charge sheet for alleged dowry harassment. The Court rejected the plea of omnibus allegations as the charge sheet contained specific accusations of demanding additional dowry and land, necessitating a trial. The petition was dismissed.

What did the court decide?

The criminal petition seeking quashing of the charge sheet was dismissed.

Vissamsetti Ramaseshukumari Vs The State of A.P. — Dowry and Cruelty | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.4684 of 2021

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ORDER:-

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This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking quash of charge sheet in C.C.No.367 of 2020 on the file of the learned Judicial First Class and Junior Civil Judge, Avanigadda, Krishna District.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are A-2 to A-4 in C.C.No.367 of 2020 on the file of the learned Judicial First Class and Junior Civil Judge, Avanigadda, Krishna District. They have been facing prosecution for the offences punishable under Section 498-A IPC and under Sections 3 and 4 and Dowry Prohibition Act.

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The petitioners seek quash of the charge sheet that was filed against them on the ground that they are only parents-in-law and brother-in-law of the de facto complainant and there are no specific allegations made against them regarding commission of any such offences and only omnibus allegations are made.

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As can be seen from the charge sheet and as rightly contended by the learned Additional Public Prosecutor, a clear allegation has been made that the petitioners herein have also harassed the de facto complainant with a demand to bring two lakhs of additional dowry and also to secure one acre of land from

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her parents. Therefore, it cannot be said that only vague or omnibus allegations are made against them. As the charge sheet has been filed after completion of investigation and after collecting evidence in proof of complicity of the petitioners in commission of the said offences, this Court is of the considered view that the matter requires trial to find out the truth or otherwise of the allegations made against the petitioners. There are no valid legal grounds emanating from the record warranting interference of this Court under Section 482 Cr.P.C to quash the charge sheet that was filed against the petitioners. Therefore, the petition lacks merit.

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In the result, the Criminal Petition is dismissed.

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Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

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______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 23.08.2021 AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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CRIMINAL PETITION No.4684 of 2021

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Date: 23-08-2021

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AKN

Vissamsetti Ramaseshukumari v. The State of A.P.

Case brief

What is this about?

What did the court decide?

Vissamsetti Ramaseshukumari v. The State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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