Dismissed

M.Srinivasa Rao, v. State of Andhra Pradesh, through the Station House

Telangana HC25 Mar 2011CRLP/5789/2008

Case brief

AI extract

What is this about?

A Criminal Petition under Section 482 Cr.P.C. seeking quashal of criminal proceedings against the 4th accused in a dowry harassment case involving intimidation and manhandling. The high court found sufficient material against the petitioner and dismissed the petition.

What did the court decide?

Petition dismissed; petitioner permitted to appear before trial court only at the time of trial.

M.Srinivasa Rao, Vs State of Andhra Pradesh, through the… — Dowry and Cruelty | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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CRIMINAL PETITION NO.5789 OF 2008

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Date: 25^th March, 2011

Between:

M.Srinivasa Rao

…..Petitioner

And

The State of Andhra Pradesh, through Station House Officer, Pedapadu Police Station, East Godavari District, rep. by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another.

¶9

…..Respondents

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THE COURT MADE THE FOLLOWING:

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THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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CRIMINAL PETITION NO.5789 OF 2008

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ORDER:

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This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings in Crime No.29 of 2008 under Sections 498-A, 448, 509, 323, 386 R/w.511 R/w.34 of IPC on the file of Peddapadu Police Station, East Godavari District.

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The petitioner is the 4^th accused in the Crime. The accused 2 to 4 in the case are the father, brother and friend of the 1^st accused therein respectively. The facts which led to the registration of the case are follows:

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The 1^st accused married the de facto complainant in the case about eight years ago and at that time, the parents of the de facto complainant gave Rs.15,00,000/- towards dowry apart from 120 Kasula gold. Later, the 1^st accused used to harass the de facto complainant to bring additional dowry and the 2^nd accused in the case also used to take part in that. On 2-2-2008 during mid-night, the 4^th accused along with the other accused, went to the house of de facto complainant and threatened her to sign on papers for the purpose of getting mutual divorce and thereafter, they also pulled her jacket and saree and kicked her on chest and abused her in filthy language.

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It is the contention of learned Counsel for the petitioner/4^th accused that there is no material to proceed against the petitioner/4^th accused with reference to the said offence and in any case, he cannot be prosecuted for the offence punishable under Section 498-A IPC because he is not the husband of the de facto complainant and continuance of the case against him is nothing but harassing him and hence the petition may be allowed. It is also his contention that because the allegations are false, a direction may be given to the concerned police not to arrest him in the matter and also to the concerned Magistrate not to insist upon his attendance before the Court.

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It is to be considered whether sufficient material is there to quash the proceedings so far as the petitioner/4^th accused is concerned.

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Having gone through the record, it is clear that there is record supporting the allegations of intimidating the de facto complainant and obtaining her signatures for the purpose of obtaining divorce by mutual consent before a Court of law and also manhandling her and so on. Therefore, the proceedings cannot be quashed so far as the petitioner/4^th accused is concerned.

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Further with regard to question of application of 498-A IPC, the police have to examine the provisions incorporated therein and further had to proceed properly and file the corresponding charge sheet.

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With the above observations, the petition is dismissed permitting the petitioner/4^th accused to appear before the trial Court at the time of trial of the case only.

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_____________________________________ JUSTICE G.KRISHNA MOHAN REDDY

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25^th March, 2011 Tjmr

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THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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CRIMINAL PETITION NO.5789 OF 2008

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DATE: 25^th March, 2011

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TJMR

M.Srinivasa Rao, v. State of Andhra Pradesh, through the Station House

Case brief

What is this about?

What did the court decide?

M.Srinivasa Rao, v. State of Andhra Pradesh, through the Station House

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

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