In a Criminal Petition challenging the filing of charges under Sections 498-A IPC and Dowry Prohibition Act, the Court found insufficient material to interdict the framing of charges, leaving the Petitioner to seek discharge if charges were not framed.
Criminal Petition disposed of; Petitioner at liberty to seek discharge if charges not framed.
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HON’BLE DR. JUSTICE B. SIVA SANKARA RAO
CRIMINAL PETITION No.9320 of 2010
ORDER:
Heard learned counsel for petitioner/ accused in C.C. No.221 of 2010 pending on the file of II Additional Chief Metropolitan Magistrate, Vijayawada, which is outcome of report of 2nd respondent—de facto complainant, no other than his wife, covered by Crime No.675 of 2009 of Patamata Police Station, Vijayawada City, registered for the offences punishable under Section 498-A IPC and Section 3 of Dowry Prohibition Act, 1961 and also heard learned public prosecutor representing the 1st respondent—State and perused the grounds urged in the Criminal Petition and other material on record.
A perusal of the material no way enables the Court to interdict the framing of charges and trial. Needless to say, if no charges are framed so far, the petitioner is at liberty to seek for discharge and therefore, the trial Court to decide on merits from the charge sheet and part-II CD and if at all aggrieved therefrom of the charges framed, remedy is otherwise left open.
Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous petitions, if any, shall stand closed.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 17.08.2017 knl
1 issue framed by the court
Whether the Criminal Petition challenging the framing of charges should be allowed.
Petitioner
State
Wife
B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
