APHC010023902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA CRIMINAL PETITION No.875 of 2025 Between: Pydikondala Hima Gouri Mahalaxmi ...PETITIONER AND The State of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner: 1. K. K. RAO Counsel for the Respondent(s): 1. PUBLIC PROSECUTOR The Court made the following: 2 VS,J Crl.P.No.875 of 2025 ORDER : This petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita (Section 482 of Cr.P.C.), is filed by the petitioner/accused No.2 in C.C(SR).No.2465 of 2023 on the file of the learned I Additional Junior Civil Judge-cum-I Additional Judicial First Class Magistrate, Kakinada, seeking to quash the proceedings against her in the said case. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the 1st respondent-State. 3. Basing on the report filed by the 2nd respondent herein on 15.04.2023, alleging that her husband/accused No.1 and sister-in- law/accused No.2 (petitioner herein) subjected her to physical and mental harassment, a case in Crime No.46 of 2023 has been registered on the file of Disha Women Police Station, Kakinada, for the offences under Section 498-A I.P.C and Sections 3 and 4 of the Dowry Prohibition Act, 1961. After completion of investigation, the police filed charge sheet against both the accused, vide C.C(SR).No.2465 of 2023 on the file of the learned I Additional Junior Civil Judge-cum-I Additional Judicial First Class Magistrate, Kakinada. Now, the petitioner/accused No.2 approached this Court by way of this criminal petition, praying to quash the proceedings against her in the said case. 3 VS,J Crl.P.No.875 of 2025 4. Learned counsel for the petitioner submits that the petitioner/ accused No.2, who is the sister-in-law of the defacto complainant, is residing in London, United Kingdom, far away from the matrimonial home of the defacto complainant. He further submits that except making general and omnibus allegations, there are no specific allegations against the petitioner/accused No.2 in the complaint or in the charge sheet, to make out even a prima facie case against her for the offences under Section 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. He further submits that only with a view to harass the petitioner, she has been roped in the subject case and, therefore, prays to quash the proceedings against the petitioner/ accused No.2. 5. On the other hand, learned Public Prosecutor for the 1st respondent-State opposes the petition. 6. This Court has perused the copies of the charge sheet and statement of the defacto complainant (L.W.1) recorded under Section 161 Cr.P.C. as well as other material available on record. As truth or otherwise of the allegations levelled against the petitioner/accused No.2 has to be decided only after a full-fledged trial, rather than delving into the merits and demerits of the matter at this stage, this Court feels it appropriate to allow the trial to proceed. However, considering the fact that the petitioner/accused No.2 is a lady and residing in London, United Kingdom, this Court deems it appropriate 4 VS,J Crl.P.No.875 of 2025 to dispense with her personal presence before the trial Court, except on the dates specifically directed by the trial Court. 7. Accordingly, without going into the merits of the matter, this criminal petition is disposed of at the admission stage, by dispensing with the presence of the petitioner/accused No.2 before the trial Court in connection with the proceedings of the subject C.C., except on the dates specifically directed by the trial Court. As a sequel, interlocutory applications pending, if any, in this criminal petition, shall stand closed. ___________________ JUSTICE V. SUJATHA Date: 31.01.2025 IBL 5 VS,J Crl.P.No.875 of 2025 THE HONOURABLE SMT. JUSTICE V. SUJATHA CRIMINAL PETITION No. 875 of 2025 Dt: 31.01.2025 IBL