Edla Srinivasa Rao, v. The State Of Telangana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8570 of 2017 ORDER:

The petitioner is the accused of C.C.No.329 of 2012 on the file of the Judl.Magistrate of First Class, Bhadrachalam, Khammam District, where the learned Magistrate taken cognizance for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, which is outcome of crime No.160 of 2011, on the report of the 2nd respondent-defacto complainant no other than wife of the petitioner.

The police after investigation filed final report and the learned Magistrate taken cognizance for the offence. At the post cognizance stage, the quash petition is filed.

The petitioner can raise all these 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. 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 reconciliation and settlement and if it is not settled, then to proceed with trial on merits.

Accordingly and in the result, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 12.09.2017 vvr