THE HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 3191 of 2012 Dated: 07.07.2014 Between:
Chakali Eeshwar, S/o Shivappa … Petitioner/Accused And The State of A.P. rep. by Public Prosecutor, and another … Respondents The Court made the following :
THE HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 3191 of 2012 ORDER:
This criminal petition is filed to quash the proceedings in P.R.C.No.73 of 2011 for the offences under Section 498-A IPC and Section 3(1) (x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (for short ‘the Act’).
2. Advocate for the petitioner submitted that the defacto- complainant is no other than the wife of the accused; both of them belong to different castes; their marriage is a love marriage and due to differences between them, the present complaint is foisted. He further submitted that there is no material attracting the offence under Section 3(1) (x) of the Act as the alleged abuse was not in a public place.
3. I have perused the material papers filed along with the petition. On the complaint of the 2nd respondent-defacto-complainant, police registered a case in crime No.64 of 2011. During course of investigation, police have examined father and brother of the defacto- complainant and five other witnesses and on the basis of their statements, they found that there is prima facie material attracting the offences under Section 498-A IPC and also Section 3(1)(x) of the Act. The correctness of the statements of the witnesses cannot be decided at this stage and it is a matter to be appreciated during trial.
4. Considering the facts of the case and nature of allegations, I am of the view that there are no grounds to quash the proceedings since there is prima facie material attracting the offences alleged against the petitioner.
5. For these reasons, the Criminal Petition is dismissed as devoid of merits. The petitioner is at liberty to urge all these grounds before the trial Court and that the trial Court shall consider the same independently without being influenced by any observations made by this Court.
As a sequel, miscellaneous petitions, if any filed in this criminal petition, shall stand closed.
S. RAVI KUMAR, J 7th July, 2014. ssp