IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE TWENTYFIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 10614 OF 2014 Between:
Munasa Madhuri & Ors. … Petitioners/A3, A4 & A5 V/s.
Munasa Amara Geeta & Anr. … Respondents/Defacto complainant Counsel for Petitioners : A. Hariprasad Reddy Counsel for Respondent : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 10614 OF 2014 O R D E R :
This Criminal Petition is filed to quahs proceedings in CC.No. 271 of 2011 on the file of VII Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari district.
2 . Petitioners herein are A3, A4 and A5 in the above referred case for alleged offences under section 498-A, 406, 420 read with section 34 of IPC and section 3 and 4 of Dowry Prohibition Act.
3. Heard both sides.
4. It is the contention of petitioners that petitioners A3, A4 and A5 are leading separate marital life and they are nothing to do with the marital life of defacto complainant at Pidigurallu and so also A-5 third petitioner is residing at Yanam and nothing to do with marital life of defacto complainant at Pidigurallu and the names of these petitioners are casually referred in the complaint and without there being any specific allegations they are implicated.
5. While ordering notice before admission, this court has called for a report from VII Additional Judicial Magistrate of First Class, Rajahmundry and the Registry of this court received the said report on 17/10/2014. As seen from the report of VII Additional Judicial Magistrate, Rajahmundry on 14/07/2014 these petitioners were present and they were examined under section 239 Cr.P.C. and charges under section 498-A, 406 and 420 IPC were framed against all of them, besides the other accused, trial was commenced on 08/09/2014 on which date PW-1 was examined in-part and thereafter adjourned for continuation of chief examination to 07/10/2014. From the status report of the Presiding Officers it is clear that charges were already framed against the petitioners, therefore, their objection that they were mechanically and without any material added as accused in the above referred calendar case cannot be sustained.
6. Since the charges are already framed and the trial has also commenced, the petitioners can urge all these grounds before the trial court and that the trial court shall consider the same and dispose of CC.No. 271 of 2011 on merits without being influenced by any of the observations made in this order.
7. With the above observation, this Criminal Petition is dismissed giving liberty to the petitioners to urge all these grounds before trial court.
8. As a sequel, miscellaneous petition if any, pending in these Transfer CMPs shall stand closed.
JUSTICE S. RAVI KUMAR .
21/10/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 10614 OF 2014 Circulation No.108 Date: 21/10/2014 Court Master : I s L Computer No. 43