Andhra Pradesh High Court - Amravati
M.Lakshmi Narasimha Rao vs The State Of Andhra Pradesh on 23 October, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
CRIMINAL PETITION No.6257 of 2019
ORDER:
This Criminal petition is filed under Section 482 of Code of Criminal Procedure, seeking to quash the proceedings in C.C.No.31 of 2019 on the file of IV-Additional Judicial Magistrate of First Class, Tirupati, insofar as the petitioners- accused Nos.2 and 3 are concerned.
The petitioners herein are shown as accused No.2 and 3 in C.C.No.31 of 2019; the police registered a case in Crime No.34 of 2018 of Mahila Police Station, Tirupati, basing on the complaint dated 20.08.2018 presented by the 2nd respondent- defacto complainant; the 1st petitioner is the father-in-law and the 2nd petitioner is the mother-in-law of the 2nd respondent. According to the said complaint, the marriage of accused No.1 with the 2nd respondent took place on 24.02.2000 and at the time of marriage, the petitioners herein along with accused No.1 lived at KK Layout, Tirupathi, after that the petitioners constructed a new house at SVP Colony, Tiruchanur, and shifted their residence to the said house.
It is alleged in the complaint that, at the instigation of accused No.1, the alleged accused 4 and 5 misbehaved with the 2nd respondent- defacto complainant and all the accused subjected the defacto complainant to cruelty both physically 2 and mentally for not getting additional dowry from her parents and hence the 2nd respondent gave report in Mahila P.S., Tirupati, the same is registered as Cr.No.34 of 2018 and after thorough investigation police laid charge sheet against accused No.1 and the petitioners herein.
Though various grounds are urged, learned counsel for the petitioners restricts his prayer to the extent of dispensing with the presence of the petitioners before the trial court during proceedings of the aforesaid C.C. Learned Government Pleader representing the learned Public Prosecutor would submit that the 161 Cr.P.C. statements of the material witnesses recorded by the police specifically demonstrate that the petitioners were demanding additional dowry.
In view of the above facts and circumstances, without going into the merits of the case, this Criminal Petition is disposed of, directing the trial Court to dispense with the presence of the petitioners, who are A2 and A3 in connection with the proceedings in the subject CC, except on the occasions when their presence is necessary i.e., examination of accused under Sections 239 Cr.P.C. and 313 Cr.P.C., pronouncement of Judgment and whenever specifically required by the said Court. It is made clear that the petitioners shall not complain at any stage that they are not aware of the dates on which the case is posted. 3
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ KONGARA VIJAYA LAKSHMI, J.
Date: 23.10.2019 Akc 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Criminal Petition No.6257 of 2019 Date: 23.10.2019 Akc