Andhra Pradesh High Court - Amravati
Bonthu Siva Sankar Reddy vs The State Of Andhra Pradesh on 9 July, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE:Crl.P.Nos.4598 & 4599 OF 2024
PROCEEDING SHEET
Sl. OFFICE
ORDER
No DATE NOTE 01. 09.07.2024 BVLNC, J
I.A.No.1 OF 2024 in Crl.P.No.4599 of 2024 Heard. Dispensed with for the time being.
_________ BVLNC, J Crl.P.Nos.4598 & 4599 of 2024 Heard Sri Raja Reddy Koneti, learned counsel for the petitioner/A1 in Crl.P.No.4598 of 2024 and petitioner/A2 in Crl.P.4599 of 2024.
Learned Assistant Public Prosecutor takes notice for respondent No.1 in both petitions and seeks time to get instructions in the matter.
Issue notice to the respondent No.2 in both petitions.
Learned counsel for the petitioner is permitted to take out personal notice to the respondent No.2 in both petitions through registered post with acknowledgment due and file proof of service into the Registry within a period of four (04) weeks.
List the matter on 06.08.2024.
_________ (Contd..)
BVLNC, J
//2//
I.A.No.2 OF 2024
IN
Crl.P.Nos.4598 & 4599 of 2024
Learned counsel for the petitioner would submit that Crl.P.No.4598 of 2024 is filed by the petitioner/A1/son and Crl.P.No.4599 of 2024 is filed by the father of A1, who is shown as A2.
He would further submit that the alleged offence in the case is 498-A I.P.C. He would submit that as per the statement of victim, her husband/A1 was residing at United States of America (U.S.A) and she joined her husband at USA in the year 2012, and later her husband harassed her at USA. He would submit that prima-facie the material would disclose that the alleged offence if at all true was occurred at USA.
Learned counsel for the petitioner would submit that the charge sheet filed against the petitioner/A2 is barred by limitation, as it was filed after four years of the alleged offence.
In those circumstances, Section 188 Cr.P.C. will apply to the facts that the case and no sanction was obtained from the Central Government as per Section 188 Cr.P.C. In support of the documents, the learned counsel relied upon judgment of the Hon'ble Apex Court in the case of Fatma Bibi Ahmed Patel Vs State Of Gujarat & Another1.
(Contd..) 1 AIR 2008 Supreme Court 2392 //3// Perusal of the statement of victim recorded by the police under Section 161 Cr.P.C. would disclose that the petitioner/A1 is the husband of the victim and their marriage was solemnized on 15.03.2012 and soon after the marriage, her in-laws and relatives of the husband demanded her for some additional amount, and later she joined her husband in USA in the year 2012 itself, and thereafter her husband harassed her in several ways as stated in the statement, and finally she returned to India in the year 2016. She presented a report to the police in India. Police registered a case in crime No.550 of 2017 of Ajithsingh Nagar P.S., Vijayawada City, and laid charge sheet for the offence punishable under Section 498-A I.P.C. against the petitioner/A1, his father/A2 and his mother. It appears that the mother-in-law is no more as on the date.
Considering the above facts and circumstances, and as the allegations mainly refers to the incidents happened at USA, and made against the petitioner/A1 who was at USA at that time, and as no sanction was obtained under Section 188 Cr.P.C. from the Central Government for trying the offence, "there shall be an interim stay of the proceedings in C.C.No.2697 of 2023 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada, for a period of six (06) weeks".
_________ BVLNC, J Pmk