IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE FIRST DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4698 OF 2012 AND CRIMINAL PETITION NO. 4764 OF 2012 Between: CRL.P.NO. 4698 OF 2012 S. Lingamaiah … Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents/Complainant Between: CRL.P.NO. 4764 OF 2012.
Linganna & Ors. … Petitioners/Accused V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioners : Sri Ch. Srinivas Counsel for Respondents : Public Prosecutor for R-1 Sri P.Veera Reddy for R2 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4698 OF 2012 AND CRIMINAL PETITION NO. 4764 OF 2012 COMMON ORDER :
These two Criminal Petitions are filed to quash proceedings in CC.No. 453 of 2012 on the file of Additional Judicial Magistrate of First Class, Ananthapur, for offences under section 498-A, 448, 506 read with section 34 IPC and section 3 and 4 of Dowry Prohibition Act.
2. Heard both sides.
3. As seen from the material papers, Sub-Inspector of Police, Mahila Police Station, Ananthapur after investigation and examining nine witnesses, found that there is prima facie material attracting offences under section 498-A, 448, 506 read with section 34 IPC and section 3 and 4 of Dowry Prohibition Act. Now the correctness of the statements of the witnesses cannot be decided at this stage, moreover those statements are not before this court.
4. Considering the facts of the case and relationship between the parties, I feel directing petitioners to avail remedies available under law and urge them before court below including discharge petition and by dispensing with the presence of petitioners in Criminal Petition No. 4764 of 2012 i.e., A-2 to A-7 for each and every adjournment, petition can be disposed of.
5. Accordingly, both criminal petitions are disposed of directing petitioners to approach the court below and avail legal remedies including filing of discharge petition and that trial court shall consider the same on merits without being influenced by the dismissal of these two criminal petitions and that the presence of A-2 to A-7 is dispensed with for each and every adjournment but they shall appear as and when directed by the court below for any specific purpose.
6. With the above observation, both criminal petitions are disposed of.
JUSTICE S. RAVI KUMAR .
01/07/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4698 OF 2012 AND CRIMINAL PETITION NO. 4764 OF 2012 Circulation No. Date: 01/07/2014 Court Master : I s L Computer No. 41st Court Hall