Azmeera Rajanna, v. Azmeera Priyanka,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6828 OF 2017 COMMON ORDER:

Heard learned counsel for the petitioners/A1 to A4 of PRC.No.01/2017 on the file of Additional Judicial First Class Magistrate at Parkal, Warangal Judicial District (Jayashankar Bhupalpally Revenue District), which is outcome of the report of the 1st respondent - defacto complainant, no other than wife of A1. The Crime No.03 of 2017, on the file of Bhupalpally Police Station, registered is for the offences punishable under Section 498(A) and 307 of IPC. The police after investigation filed the final report and the learned Magistrate taken cognizance under Section 190 Cr.P.C. and allotted the PRC number to commit to the Court of Sessions, following the procedure contemplated by Section 209 Cr.P.C. 3.

The quash petition filed is mainly on the contention that the offence under Section 307 has no application to the present facts including from the police final report. In fact the committal Magistrate duty is subject to compliance of the provisions of Section 209 clauses (a) to (d), on consideration, once case is triable by court of session, cannot enquire into, but for the remedy available to the petitioner after cognizance by the learned Sessions Judge under Section 193 Cr.P.C. by allotting sessions case number and after appearance, to seek

for discharge, if necessary by also filing application under Section 227 Cr.P.C.

4.

By giving the above said opportunity to the petitioners and also to file application for one to represent others, under Rule 37 of the Criminal Rules of Practice for the learned Sessions Judge to consider, this criminal petition is disposed of, without prejudice to available defences including thereafter if necessary to approach the court afresh. 5.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

______________________________ DR.B.SIVA SANKARA RAO, J 07.08.2017 SS