G. Shyam Kumar v. The State Of A.P

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12086 OF 2017 ORDER:

Heard learned counsel for the petitioner/A.1, learned Additional Public Prosecutor for the respondent State and perused the record.

This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner/A.1 in Crime No.111 of 2017 of Coringa Police Station, East Godavari District for the offences punishable under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act.

It is alleged that the petitioner/A.1 harassed the de facto complainant, who is none other than his wife, demanded dowry and threatened to do away her life. Having regard to the nature of allegations, it is appropriate to pass order in terms of the directions issued in Rajesh Sharma and others v. State of U.P. and another1.

Accordingly, relying upon the latest two-Judge Bench expression of the Apex Court, dated 27.07.2017 in Crl.A.No.1265 of 2017 (SLP(Crl.) No.2013 of 2017) in Rajesh Sharma supra, the matter is directed to be referred by the learned jurisdictional Magistrate to the Committee to be constituted for reconciliation and settlement and in a contra situation, to proceed with the trial of the matter on merits. The petitioner shall not be arrested till a report is filed by the Committee.

The Criminal Petition is ordered accordingly. ____________________________ Dr. SHAMEEM AKTHER, J 14th December, 2017.

1 2017(2) ALT (Crl.) 393 (SC)

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