THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO. 2801 OF 2007 ORDER: Petitioner is the first accused in C.C.No.307 of 2006 on the file of the Court of the II Additional Judicial Magistrate of I Class, Eluru, West Godavari District. He filed the present petition under Section 482 of Cr.P.C. seeking to quash the said proceedings. As there is no interim stay, this court directed the learned Additional Public Prosecutor to get instructions. Today, on instructions, the learned Additional Public Prosecutor stated that the case against the Petitioner herein was split up and that the accused 2 and 3 in the said case were tried for the offence punishable under Section 498-A and 506 of IPC and under sections 3 and 4 of the Dowry Prohibition Act and they were acquitted. The learned counsel for the petitioner Mr. C. Praveen Kumar has submitted that the Petitioner who is A.1 is also entitled to the said finding. But this court is unable to agree with the said submission for the reason that the Petitioner is absconding and the case against the Accused 2 and 3 was split up and they were tried and were acquitted of the said offence after full fledged trial. Because of the misconduct on the part of the Petitioner i.e. not appearing before the court below, this court is not inclined to entertain this petition exercising the inherent power under section 482 of Cr.P.C. Therefore, this petition is dismissed. However, the Petitioner shall surrender before the court below and request the court to pass appropriate orders or after surrendering before the court below he may file a fresh petition under section 482 of Cr.P.C. Accordingly, the present Criminal Petition is dismissed. ----------------- 26.04.2010 Kvsn