Extracted from the PDF above. The PDF is authoritative.
APHC010123972022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No. 2237 of 2022 Between: Alapati Kankadurga and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1. INAKOLLU VENKATESWARLU Counsel for the Respondent/complainant(S):
1. A.SAI ROHIT
2. PUBLIC PROSECUTOR (AP) The Court made the following:
ORDER:
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioners/A.2 and A.3, seeking to quash the Proceedings against them in CC No.2114 of 2021 on the file of the Court of Judicial First Class Magistrate of Special Mobile Court, Ongole, for the offences punishable under Section 498 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri Inakollu Venkateswarlu, learned counsel for the Petitioners, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State and Sri A.Sai Rohit, learned counsel for respondent No.2/de facto Complainant. Perused the material on record.
3. Learned counsel for the Petitioners would submit that the Petitioners herein are arrayed as A.2 and A.3. They are mother and father
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of A.1 and they have nothing to do with the offence. Further, the marriage of A.1 and respondent No.2 was performed as per Hindu rites and customs in the presence of elders and during their wedlock, they blessed with a baby child. Due to demand of additional dowry and harassment, respondent No.2 gave a complaint against A.1 to A.3. Petitioners are falsely implicated in this case. Learned counsel would submit that except bald and omnibus allegations, no specific overt acts are attributed against the Petitioners.
4. Learned counsel would further submit that the presence of the Petitioners may be dispensing with before the trial Court and the Criminal Petition may be disposed of by giving liberty to the Petitioners to raise such contentions before the trial Court in defence.
5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.
6. Considering the submissions made, the Criminal Petition is
disposed of and the Petitioners are at liberty to raise the present
contentions before the trial Court in their defence. However, the presence of the Petitioners/A.2 and A.3 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Pending applications, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.2237 of 2022
24.01.2025
Mjl /*