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2025 DAILYLAW 24224 (AP)

BODDU TATABBAI v. THE STATE OF ANDHRA PRADESH

CRLP/5098/2022 · 2025-01-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010341922022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5098/2022 Between: Boddu Tatabbai and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. Y SUDHAKAR Counsel for the Respondent/complainant(S): 1. M SOLOMON RAJU 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed by the petitioners/ accused Nos.2, 3, 6 & 7, seeking quashment of the proceedings against them in DVC No.8 of 2022 on the file of Hon’ble V Additional Judicial First Class Magistrate, Kakinada. 2 VJP,J Crl.P.No.5098 of 2022 2. Heard Mr.Y.Sudhakar, learned counsel for the petitioner and learned counsel for the 2nd respondent/ aggrieved person. 3. Learned counsel would submit that except omnibus allegations, nothing is attributed against the petitioners to continue the proceedings in DVC No.8 of 2022. 4. Learned counsel would further submit that the criminal case has been lodged against the petitioners for the offences under Section 498-A and Sec 3 & 4 of dowry Prohibition Act. 5. Learned counsel would submit that continuing the proceedings against the petitioners is only mere abuse of process of law. 6. Learned counsel for the 2nd respondent would submit that the petitioners have harassed the 2nd respondent, the respondent No.2 lodged criminal case against the petitioners herein for the offences under Section 498-A and Sec 3 & 4 of dowry Prohibition Act. Learned counsel would submit that Court may pass appropriate orders. 7. Consider the submissions made and a fair look at the petition presented by the aggrieved person, all the allegations made against the husband, except the vague reference of the petitioners that they have harassed the respondent, nothing is there against the petitioners. The petitioner s further shows that there is no reference of any incident except a casual reference of their names in the case. 3 VJP,J Crl.P.No.5098 of 2022 8. In that view, continuing the proceedings in DVC No. 8 of 2022 against the petitioners is mere abuse of process of law. 9. In the result, the petition is allowed, by quashing the proceedings against the petitioner Nos.2, 3, 6 & 7 in DVC No.8 of 2022 on the file of Hon’ble V Additional Judicial First Class Magistrate, Kakinada. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________ __ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 28.01.2025 LSP 4 VJP,J Crl.P.No.5098 of 2022 206 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.5098 of 2022 28.01.2025 LSP