Swarna Venkata Prasanna Kumar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1835 OF 2015 ORDER:

The present criminal revision case is filed by the petitioners/A.1 to A.7 challenging the order, dated 07.07.2015, passed in Crl.M.P.No.2982 of 2014 in C.C.No.185 of 2011 by the Court of the Judicial Magistrate of First Class, Kanigiri, whereby the Court below dismissed the petition filed by the petitioners seeking discharge.

Heard and perused the material available on record. The case of the prosecution is that the petitioners herein harassed the de facto complainant physically and mentally demanding additional dowry. Learned counsel for the petitioners submits that the Court below erred in dismissed the petition filed by the petitioners seeking discharge as the petitioners have never harassed the complainant and they have never demanded any additional dowry. He further submits that the petitioners have been implicated in the present crime at the influence of the brother of the de facto complainant and that the complainant herself left the company of the petitioner No.1 as the petitioner No.1 rejected the proposal of residing separately from his parents and that the petitioner No.1 has been paying the maintenance amount of Rs.

2,000/- to the complainant every month even without applying for divorce. He further submits that the petitioner Nos.1, 5, 6 and 7 are the employees and they have been implicated only to harass them. He further submits that the petitioners 4 to 7, who are in-laws of the complainant, have never resided with the family of the petitioner No.1. Hence, he prays this Court to allow the criminal revision case and to discharge the petitioners herein.

On hearing the arguments and perusing the material available on record, this Court is of the view that as A.4 and A.5, who are sister and brother of A.1, A.6, who is the younger brother of A.3 and A.7, who is the brother of A.2, are no way connected to the present crime and as they never resided with the family of A.1, this Court is inclined to discharge them from the alleged offences. Hence, the proceedings in C.C.No.185 of 2011 on the file of the Judicial Magistrate of First Class, Kanigiri, as against the petitioners 4 to 7/A.4 to A.7 is hereby quashed, and the proceedings as against petitioners 1 to 3/A.1 to A.3 shall continue.

With the above observations, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 22.12.2015 pln