Gourishetti Leelavathamma v. The State Of Telangana.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.8998 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/A2 and A3 under Section 482 Cr.P.C seeking to quash the proceedings in crime No.228 of 2015 of Godavarikhani-I Town Police Station, Karimnagar District, which is out come of the report of the 2nd respondent-de facto complainant registered for the offences punishable under Sections 498-A I.P.C. and 3 and 4 of the Dowry Prohibition Act Heard the learned counsel for the petitioners and the learned Public Prosecutor for the State before notice to respondent No.2 and before admission. Perused the material on record.

Though quash petition filed for A2 and A3, it is represented that A1 died a week back and the same is recorded and compelling the quash petition for A2 herein.

It is the contention of the learned counsel for the petitioners that even from perusal of the report no worth allegations are made against A2, who was 75 years old woman and unable to move out.

As the material falls short for this Court to admit the application for quashing of F.I.R. proceedings but for to say the factual matrix entitled to the concession of bail, this application is disposed of giving liberty to the 1st petitioner/A2 to surrender before the learned Magistrate concerned and move for regular bail with notice to the Additional Public Prosecutor on same day and in such an event the learned Magistrate shall hear and grant bail on the same day with necessary conditions. In the event of police filing final report and cognizance taken by learned Magistrate and summons issued to the petitioner, she can file any special vakalat petition under Section 205 Cr.P.C. before the learned Magistrate to represent through special vakalat holder and the learned Magistrate shall decide the same on own merits. Further remedies are left open to the petitioner.

Accordingly, this Criminal Petition is disposed of.

Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:01-10-2015 pab