Partly allowed

Duvvuru Sujith Kumar Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC10 Nov 2022CRLP/2675/2022

Case brief

AI extract

What is this about?

A criminal petition was partly allowed. The complaint under Section 498-A IPC was quashed as prosecution was already pending. The offences under Sections 324 and 506 IPC read with Section 34 IPC were not quashed but investigation was directed to be conducted following Arnesh Kumar guidelines after issuing notice under Section 41-A Cr.P.C.

What did the court decide?

Quashed the complaint under Section 498-A IPC. Directed investigation for offences under Sections 324/506 IPC after notice under Section 41-A Cr.P.C.

Duvvuru Sujith Kumar Reddy Vs the State of Andhra… — Dowry and Cruelty | Andhra Pradesh HC (2022)

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2HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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Crl.P.No.2675 of 2022

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ORDER:

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The petitioners are accused in Crime No.20 of 2022 of Chittamuru Police Station, SPSR Nellore District, for the offences punishable under Sections 324, 498-A and 506 read with Section 34 IPC.

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The allegations in the complaint against the petitioners is that they harassed the de facto complainant for dowry and that the 1^st petitioner, who is A.1, on the instigation of the other petitioners, had beaten the de facto complainant with stick, which caused swelling injury to her.

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The petitioners contend that the de facto complainant had, earlier filed a complaint under Section 498-A IPC, which was registered as Crime No.190 of 2021 of II Town Police Station, Proddatur, and thereafter, the said crime was taken cognizance and numbered as C.C.No.443 of 2022 on the file of the I Additional Judicial First Class Magistrate, Proddatur. This case is pending before the Magistrate. The petitioners also contend that the allegation of the de facto complainant that she was beaten up in the house of the 1^st petitioner, is false and the said complaint has been filed on account of the 1^st petitioner having filed a petition for divorce against the de facto complainant.

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As far as the complaint under Section 498-A IPC is concerned, a prosecution under Section 498-A IPC is already pending

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Crl.P.No.2675 of 2022

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against the petitioners, and consequently, there cannot be a second complaint in relation to the offence under Section 498-A IPC. Accordingly, the complaint is quashed to the extent of the complaint under Section 498-A IPC is concerned.

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As far as the offences, under Section 324 and 506 IPC read with Section 34 IPC, are concerned there are allegations made by the de facto complainant, which would require to be investigated, before the veracity of these allegations can be determined. Hence, the criminal petition is dismissed to the extent of the offences under Sections 324, 506 r/w Section 34 IPC.

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Accordingly, the Criminal petition is partly allowed quashing the complaint under Section 498-A IPC alone. However, since the other offences set out in the complaint attract a punishment of less than 7 years, it would be appropriate to direct the investigating officer to conduct investigation in accordance with the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar¹ and after issuing notice under Section 41-A Cr.P.C.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_________________________ R. RAGHUNANDAN RAO, J.

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10^th November, 2022 Js.

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1 (2018) 8 SCC 273

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RRR,J 3 Crl.P.No.2675 of 2022

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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Crl.P.No.2675 of 2022

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10^th November, 2022

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Js.

Duvvuru Sujith Kumar Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Duvvuru Sujith Kumar Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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