HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5342 of 2014 Date: 02-6-2014 Between Chagantipati Nagaraju and 3 others … Petitioners/ Accused 1 to 4 and The State of A.P., Rep. by Public Prosecutor, High Court, Hyderabad … Respondent Chagantipati Neelima Devi … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5342 of 2014 Order:
The petitioners are accused 1 to 4. They seek for quashment of C.C.No.311 of 2013 on the file of the Additional Judicial Magistrate of First Class, Nandigama, District. The petitioners allegedly committed an offence under Section 498-A, IPC.
2. The learned counsel for the petitioners submitted that the de facto complainant and the 1st petitioner have been living separately since about 2007. There were two cases between the parties. The husband filed a case for divorce against the wife. The wife, in her turn, sought for refund of her movables. It is the contention of the learned counsel for the petitioners that in these petitions, the allegations in the present case have not been made and that the allegations as made in C.C.No.311 of 2013 prima facie cannot be accepted. I am afraid that these contentions deserve to be raised before the Trial Court inviting the Trial Court for a finding on these aspects.
It would not be appropriate for me to consider these aspects.
3. Consequently, this criminal petition is dismissed. The petitioners are at liberty to move the Trial Court for appropriate relief. The petitioners are also at liberty to move the Trial Court seeking for the dispensation of their presence before the Trial Court for the trial in the case. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
02nd June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5342 of 2014 02nd June, 2014. (Ak)