Beera Vijay Ratnakumari v. The State Of A.P

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.7905 of 2017 ORDER:

The petitioner is A.2 of C.C.No.29 of 2017 on the file of the V Additional Judicial First Class Magistrate, Kakinada, where the learned Magistrate taken cognizance for the offences punishable under Sections 498-A, 406 r/ w 34 IPC and Sections 3 & 4 of Dowry Prohibition Act, which is outcome of crime No.22 of 2016 of Mahila Police Station, Kakinada, on the report of the 2nd respondentdefacto complainant no other than wife of A.1 and son of petitioner herein.

The police after investigation filed final report and the learned Magistrate taken cognizance for the offences supra. At the post cognizance stage, the quash petition is filed. The petitioners can raise all the contentions before the trial Court at the stage of hearing before charges, if necessary by filing application under Section 239 Cr.P.C. and it is also left open to file application under Rule 37 of the Criminal Rules of Practice to consider after hearing for one to represent others. Since A1 stated available and in view of the order of this court dated 31.07.2017 in Crl.P.No.6493 of 2017 relying upon the latest two Judge Bench expression of the Apex Court dated 27.07.2017 in Crl.A.1265 of 2017 (SLP (Crl.) No.2013 of 2017 in Rajesh Sharma & Others Vs. State of U.P. & Another), the matter requires to be referred by the learned trial Magistrate to the Committee to be constituted for report to consider any

Dr.SSRB,J reconciliation and settlement and if it is not settled, then to proceed with trial on merits.

Accordingly, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 19.09.2017 pab