Home > 498A Judgements > No Quash but finish trial in 3 months – AP HC

No Quash but finish trial in 3 months – AP HC

THE HON’BLE SRI JUSTICE P.SWAROOP REDDY

 

CRIMINAL PETITION No.328 OF 2010

 

Dated : 21.01.2010

Between :

M.Mahesh Babu

                                                          …..    Petitioner/A.1

          a n d

The State of A.P. & another

                                                          …..    Respondents

 

THE HON’BLE SRI JUSTICE P.SWAROOP REDDY

CRIMINAL PETITION No.328 OF 2010

ORDER :

          This criminal petition is filed under Section 482 Cr.P.C. by the petitioner/A.1 seeking to quash proceedings against him in C.C.No.415 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate and Mahila Court, Hyderabad, for the offence punishable under Section 498A I.P.C. and Section 4 & 6 of Dowry Prohibition Act.

          2) Heard.

          3) The allegations against the petitioner are that he married the defacto complainant by demanding and taking Rs.10,00,000/- as dowry at the instance of other accused and thereafter tortured her to bring additional dowry subjected her to cruelty.

          4) A reading of the complaint reveals specific allegations of harassment on the part of the petitioner against the complainant and after investigation on the complaint filed by the complainant, Police filed charge sheet supporting the averments of the complaint.  Since prima facie material on record reveals accusation against the petitioner, proceedings against him cannot be quashed.

          5) Learned counsel for the petitioner contends that divorce petition filed by the petitioner was decreed on the ground of cruelty of the wife-second respondent.  But, that itself cannot be sufficient to say that there was no cruelty on the part of the husband-petitioner. 

          6) However, it is reported by the learned counsel for the petitioner that the petitioner, who is a non-resident of India, has come down to India for facing trial.  In the above circumstances, it is directed that the trial Court shall dispose of C.C.No.415 of 2007 on its file within a period of three months from the date of receipt of a copy of this order as the witnesses cited in the charge sheet are only 8 in number.  A continuous schedule for examination of witnesses shall be fixed and followed.

          7) With above direction, the criminal petition is disposed of.

______________________

P.SWAROOP REDDY, J

21st January, 2010

SUR

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Categories: 498A Judgements
  1. July 30, 2010 at 11:04 am

    Respected sir
    Thank u for reply This is Nalin Dave from Bhavnagar Gujarat before i wrote i and my wife are innoncent my sister in Law’s Son and wife diepute and her wife is living her parents from On Year before two months she Complained against us we lived our own house.
    She Complaied 498A and Domestic Vaiolence.
    She Misused a 498 and Domestic Vaiolence.
    Can we go to Court Misused of 498a and Domestic Violence ?
    Thanks
    Nalin Dave

  2. ChandraSekhar
    July 26, 2016 at 11:15 pm

    Iam curious to know if the lower-court actually followed the High Court’s directive to finish the trial in 3 months.

    I tried to look up this case online at http://ecourts.gov.in/services/
    State -> Telangana
    District -> Hyderabad
    Find By Case Number

    But I cant find it.

    While the Decree says ‘CC 415 of 2007 in XIII Additional Chief Metropolitan Magistrate’, on the ecourts website it translates to
    Registration Number of 140415/2007
    XIII Addt CMM -> Court No 14. That court Number is then added as the prefix to the ‘local case#’ to get the COMPLETE case number.

    I tried 1400415/2007 as well (as thats how the numbers are for some other cases), and it doesnt work either.

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