HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5054 OF 2010 Dated : 20.07.2010 Between : G.Vikas … Petitioner- Proposed accused A n d 1) Jakkula Jyoshna 2) The Sate of A.P. … Respondents - Complainant HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5054 OF 2010 ORDER: This criminal petition under section 482 of the Code of Criminal Procedure is filed by the petitioner-A.3 seeking to quash the further proceedings in Crl.M.P.No.592 of 2010 in C.C.No.223 of 2008 on the file of the Judicial Magistrate of I Class, Banswada. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The de facto complainant lodged the complaint against A.1 and A.2 and one Vikas, basing on which, the Police registered a case in crime No.107 of 2007 under section 498A of Indian Penal Code. After recording the statements of witnesses under section 161 Cr.P.C. and after completion of investigation, Police filed charge sheet against A.1 and A.2 only by deleting the name of said Vikas and cognizance was also taken by the learned Magistrate against A.1 and A.2 only. As against the same, the impugned petition is filed by the Assistant Public Prosecutor under section 319 of the Code of Criminal Procedure seeking to take cognizance against Vikas and to try him along with A.1 and A.2. Being aggrieved by the same, the proposed accused by name Vikas filed the present criminal petition. Admittedly, the petitioner is not arrayed as an accused either while registering the crime i.e. FIR or at the time of filing of charge sheet. But, at the time of examination of PW.1, who is the de facto complainant and wife of A.1, she deposed against the petitioner also stating that he is also involved in the crime and he also demanded dowry. The learned counsel for the petitioner submitted that Court cannot include the petitioner as an accused at this stage as the investigation does not reveal the involvement of the petitioner in the offence. A perusal of the record reveals that no orders are passed by the learned Magistrate in the impugned petition, which is filed on 19.05.2010 by the Prosecution. Therefore, it is directed that the learned Magistrate shall dispose of the impugned application within a period of fifteen days from the date of receipt of a copy of this order and if the petitioner is having any grievance over the order of the learned Magistrate, he is at liberty to approach this Court with appropriate petition. With above observation, the criminal petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 20.07.2010 sur