Mogili Hanmanthu v. The State Of Ap., Rep.Byits P.P And Anothers

SMT. JUSTICE T.RAJANI CRIMINAL PETITION No.6627 of 2011 ORDER:

This petition is filed, seeking for quash of the proceedings in PRC. No.1 of 2011 on the file of Judicial First Class Magistrate at Kodangal, Mahaboobnagar District.

When the matter was taken up for hearing on 14.12.2017, there was no representation for the petitioner. Hence, the matter was directed to be listed on 26.12.2017, under the caption for dismissal. Even today also, when the matter was listed under the caption for dismissal, there is no representation for the petitioner. Hence, this matter is taken up for final disposal on merits. Heard the learned Public Prosecutor, who takes notice for the first respondent. None appears for the second respondent, in spite of notice. A perusal of the complaint shows that the husband of the complainant committed suicide due to harassment of A-1 and A-2, who unnecessarily blamed the husband of the complainant for committing alleged theft.

Unless the nature of the said allegation is gone into during trial, it cannot be adjudged as to whether the husband of the complainant committed suicide at the instigation of the petitioner, A-2. Hence, this Court is of the view that it is not a fit case for quash of the proceedings in PRC. No.1 of 2011 on the file of the Judicial First Class Magistrate at Kodangal, Mahaboobnagar District and therefore, this petition is liable to be dismissed and accordingly, is dismissed. Interim stay granted by this Court on 04.08.2011 in Crl.P.MP. No.6804 of 2011 shall stand vacated and the proceedings in PRC. No.1 of 2011 on the file of the Judicial First Class Magistrate at Kodangal, Mahaboobnagar District shall go on. As a sequel, miscellaneous applications, if any, shall stand vacated.

_____________________ JUSTICE T.RAJANI Date: 26.12.2017 LSK