Quashed

Kurapati Venkata Kotaiah, v. The State of Andhra Pradesh

Telangana HC17 Oct 2011CRLP/4805/2011

Case brief

AI extract

What is this about?

This court quashed criminal proceedings against petitioners in a dowry/harassment case under Sections 498-A, 417, 323 IPC, and Dowry Prohibition Act, finding no specific allegations against them. Trial against the separate first accused was directed to proceed expeditiously.

What did the court decide?

Proceedings against the petitioners in C.C. No. 108 of 2011 are quashed; trial Court directed to proceed against the first accused.

Kurapati Venkata Kotaiah, Vs The State of Andhra Pradesh — Dowry and Cruelty | Telangana HC (2011)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4805 OF 2011

¶2

ORDER:

¶3

The petitioners filed the present Criminal Petition with a prayer to quash the proceedings in C.C. No. 108 of 2011 on the file of the I Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Narsaraopet.

¶4

The petitioners are facing trial for offences under Sections 498-A, 417, 323 read with 34 I.P.C. and 3 & 4 of Dowry Prohibition Act.

¶5

The learned counsel for the petitioners submitted the allegations against the petitioners herein are as follows:

¶6

That the first accused, who is the son of the petitioners herein is a bald headed man, but the same was not informed to the defacto complainant and their parents prior to marriage and that these two petitioners also harassed her physically and mentally. That in the charge sheet there is no specific allegation or averments against the petitioners herein.

¶7

On notice, the counsel for the respondent No.2 is present and he submitted that there are some allegations against the petitioners herein.

¶8

This Court heard the arguments of the learned counsel for both the parties and perused the entire material on record.

¶9

On a perusal of the entire charge sheet and upon hearing the arguments of the learned counsel, it is seen that there are no allegations against the petitioners herein to attract the offences under Sections 417 and 323. The allegation that the petitioners have not informed regarding the fact that the first accused is a bald headed man would not attract the offence under Section 498-A I.P.C. Further, there is no specific allegation against the petitioners hereinm, except the bald allegation that they harassed the defacto complainant.

¶10

Considering the above facts and circumstances of the case, this Court is of the view that the present complaint is liable to be quashed in

¶11

so far as the petitioners herein are concerned and accordingly the same is quashed.

¶12

In so far as the first accused is concerned, he is not made as a party before this Court. Hence, the trial Court is directed to proceed against the first accused and decide the matter in accordance with law, expeditiously.

¶13

____________________ JUSTICE RAJA ELANGO

¶14

Dated : 17.10.2011 pnb

Kurapati Venkata Kotaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kurapati Venkata Kotaiah, v. The State of Andhra Pradesh

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

Case details

Similar cases

Anand Pittampally, Vs Menaka Kumari

M.a.Gaffar Vs The State, Through SHO Ps., Kortula, Karimnagar District

Rudrakshi Venkanna, Vs The State of Andhra Pradesh

Bokka Venkata Satya Prasad Vs State of Ap., Rep.byits Public Prosecutor

Rudrakshi Venkataiah, Vs The State of Andhra Pradesh

Seela Ramesh, (A10) Vs The State of Andhra Pradesh