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High Court for State of TelanganaCRLP/3719/2013dismissed

M.Veera Raghavulu And Anohter v. M.Chandrakala And Another

2021-03-05Shameem Akther3 pages

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 3719 OF 2013 Between:

M. Veera Raghavulu, S/o. late Peddaiah, Aged about 60 years, R/o.H.No.1-18, Kimmur, Addteegala Mandal, East Godavari District. M. Rajammai, W/o. M. Veera Raghavulu, Aged about 57 years, R/o.H.No.1-18, Kimmur, Addteegala Mandal, East Godavari District.

...Petitioner/Accused 2 and 3

AND

1. M. Chandrakala, W/o. Veera Venkata Satyanarayana, Aged about 23 years, R/o. 8-3-231/8/272 and 273, Sri Krishna Nagar, Yousufguda, Hyderabad. ...RespondenUComplainant

2. The State of Andhra Pradesh, through SHO, WPS, CCS, Hyderabad, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad,

...Respondent

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.302 of 2012 on the file of the Court of the Xlll Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad (Crime No. 136 of 2012 of Women Police Station, CCS Hyderabad). l.A. NO: 2 OF 2013(CRLPMP. NO: 3366 OF 2013) Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in CC No.302 ot 2012 on the file of the court of the Xlll Additional Chief Nletropolitan N,4agistrate, at Nampally' Hyderabad (crime No.

136 of 2012 of Women police station, ccS, Hyderabad) including arrest and appearance of the petitioners, pending disposal of the criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Narasimhulu' Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.2 and of the Respondent No.

THE HON,BLE DT. ]USTICE SHAMEEM AKTHER CRIMINA PETITION No.3719 of 2O13

ORDER

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the petitioners/A.2 & A.3, seeking to quash the proceedings in C.C'No.302 of 2Ol2 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498A, 494, 406, 506 of IPC and Sections 4 & 6 of the Dowry Prohibition Act, 1961 .

2.

There is no representation for both sides. On 26.02.2021, as there was no representation for the petitioners/A.2 & A.3, the matter was directed to be listed today under the caption 'For Orders'. Today, despite listing this matter under the caption 'For Orders', there is no representation for the petitioners/A.1 & A.2. 3.

The petitioners/A.2 & A.3, who are husband and wife, are the inlaws the de-facto complainant. A perusal of the material placed before this Court including charge-sheet reveals that there are allegations of harassment meted out to a married woman, i.e., de-facto complainant constituting offence punishable under Section 49BA of IpC besides other alleged offences. Therefore, it is not a fit case to quash the proceedings in the subject Calendar Case against the petitioners/A.2 & A.3. The criminal Petition does not merit consideration and the same is liable to be dismissed.

4.

Accordingly, the Criminal petition is dismissed. .

Miscellaneous Petitions pending, if any, shall stand closed. SD/.B.SATYAVATHI ASSISTANT REGISTRAR ,TRUE COPY'

SECTION OFFICER To,

1. The Xlll Additional Chief Metropolitan ltlagistrate, at Nampally, Hyderabad.

2. The Station House Officer, Women Police Station, CCS, Hyderabad.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri P. Narasimhulu, Advocate [OPUC]

5. Two CD Copies )V-

HIGH COURT DATED:0510312021 TA r4:

t tl oo 24 r4AR 2021 o * I'AT * D c iI*.

ORDER

CRLP.No.3719 of 2013 DISMISSING THE CRIMINAL PETITION tl) !