IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 19th DAY OF OCTOBER, TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No.1670 of 2009 Between: P.Sujatha and others … Petitioners And The State of Andhra Pradesh, rep. by Public Prosecutor and another … Respondents This Court made the following: HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No. 1670 OF 2009 ORDER: - The petitioners/A1 to A3 in Crime No.43 of 2009 of Kachiguda Police Station, Hyderabad punishable under Sections 494 and 109 r/w 34 IPC, filed the present criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the said crime. Brief facts of the case are that the 2nd respondent herein filed a complaint under Section 200 Cr.P.C. before the IV Additional Chief Metropolitan Magistrate, Hyderabad and the same was referred to Kachiguda Police station. It is alleged in the complaint that the marriage of complainant-L.W.1 and accused No.1 was performed on 07.12.1997 i.e., at the age of 14 years to the complainant and 9 years to accused No.1. After the marriage, accused No.1 refused to come to the company of the complainant till the year 2004 and after that accused No.1 came to the house of the complainant and later she again went back to her parents house i.e., to the house of accused No.3. Subsequently with an intention to harass the complainant, accused No.1 with the instigation of accused No.3 filed a criminal case against the complainant vide crime No.69 of 2007 of Women Police Station, South Zone, Hyderabad and subsequently, the police filed charge sheet under Sections 498A and 406 IPC r/w Sections 3 & 4 of Dowry Prohibition Act and the same is numbered as C.C.No.542 of 2007 on the file of XIII Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad at Nampally. Subsequently, accused No.1 also filed a maintenance case vide O.P.No.378 of 2007 on the file of Family Court, City Civil Court, Hyderabad seeking for the relief of maintenance of Rs.5,000/- per month. In pursuance of the interim maintenance petition filed by accused No.1, the learned Judge, Family Court, City Civil Court, Hyderabad granted Rs.1,500/- per month towards interim maintenance to accused No.1 and the complainant paid the said amount towards payment of interim maintenance to accused No.1 and the said maintenance O.P. is still pending disposal. It is further alleged that accused No.1 with the active collusion/abetment of accused Nos.2 and 3, married accused No.2 in the month of August, 2008, clandestinely at Lakshminarasimha Swami Temple, Yadagirigutta, Nalgonda district and now accused No.1 is living with accused No.2. All the way, accused No.2 is accompanying accused No.1 to family court, whenever accused No.1 comes to attend her maintenance O.P. and screening himself without disclosing his identity. Basing on the said complaint, the police registered a case in crime No.43 of 2009 for the offences under Sections 494 and 109 read with 34 IPC. Questioning the same, the present Criminal Petition is filed. This Court while issuing notice to the respondents granted interim stay of arrest of the accused in crime No.43 of 2009 on the file of Kachiguda Police Station, Hyderabad and that the investigation can go on and the petitioners shall cooperate with the investigation. The averments in the complaint are that during the subsistence of the marriage of de facto complainant with accused No.1, accused No.2 married accused No.1 at the instigation of accused No.3, father of accused No.1. Therefore, the crime has to be registered and this court did not stay the investigation and the investigation is allowed to go on and the parties were directed to cooperate with the investigation. In that view of the matter, the police can investigate into the matter and take appropriate decision. Therefore, I do not see any reason to invoke the power of this Court under Section 482 Cr.P.C. The Criminal Petition is, accordingly, dismissed. However, the stay of arrest will continue till the disposal of the criminal proceedings. ____________________ G. CHANDRAIAH, J 19.10.2011 lmv HON’BLE SRI JUSTICE G. CHANDRAIAH CRIMINAL PETITION No.1670 of 2009 19.10.2011 lmv