THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2836 of 2009 ORDER: Petitioners – Accused 1 to 7 approached this Court invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings initiated against them in C.C.No.472 of 2007 on the file of the Judicial Magistrate of First Class, Yemmiganur, Kurnool District, whereby they are facing trial for the offence punishable under Sections 498(A) and 494 read with 34 IPC and 3 and 4 of the Dowry Prohibition Act. Heard. Admittedly, petitioners No.1 to 3 are charged for an offence under Section 498-A IPC. As far as petitioners 4 to 7 are concerned, they charged for the offence under Section 494 IPC. Even though the said offence is cognizable, a private complaint should be taken from the concerned court for taking cognizance. The cognizance cannot be taken against petitioners 4 to 7 on the basis of the charge sheet filed by the respondent – police. Hence, the proceedings in C.C.No.472 of 2007 against petitioners 4 to 7 are hereby quashed. The respondent is at liberty to file separate complaint for an offence under Section 494 IPC. As far as petitioners 1 to 3 are concerned, as there are some allegations against them in the charge sheet, this Court is not inclined to interfere with the trial. Hence, the Criminal Petition is dismissed against petitioners 1 to 3. However, as the offence is under Section 498-A IPC, the presence of the petitioners before the court below is hereby dispensed with except the dates on which the learned Magistrate insists for the same and they shall properly be represented through their counsel. With the above observation, the Criminal Petition is partly allowed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 22nd December 2011 Rns