IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.3303 OF 2008 BETWEEN: 1. Golla Krishna Veni W/o. G. Krishna Murthy 2. Golla Krishna Murthy S/o. Late G. Subbanna …. Petitioner/Accused Nos.2 and 3 AND 1. State of Andhra Pradesh, represented by the Public Prosecutor, High Court of A.P., Hyderabad. 2. G. Sulochana W/o. G. Sudhakar Rao …. Respondents THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.3303 OF 2008 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners Golla Krishna Veni and Golla Krishna Murthy – accused Nos.2 and 3 respectively, seeking to quash the proceedings against them in C.C. No.315 of 2008 on the file of the Judicial Magistrate of First Class, Kurnool arising out of Crime No.25 of 2008 registered for the offences under Sections 498(A), 326 IPC and 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard. 3. The petitioners herein are the parents-in-law of the de facto complainant. 4. Learned counsel for the petitioners is contending that prima facie offence under Section 326 IPC is not made out, as such, the charge for the same has to be quashed. 5. The allegation in the complaint is that the de facto complainant G. Sulochana was beaten by her husband and in-laws with a stick and she suffered bleeding injuries on the nose and lower lip. She did not refer about her suffering any fracture or any other injury that would constitute the offence under Section 326 IPC. In the charge sheet also, nowhere it is referred that the medical evidence reveals that the de facto complainant suffered fracture. 6. In the circumstances, it is directed that the learned Magistrate shall not frame any charge under Section 326 IPC. At this stage, learned counsel for the petitioners reported that the charge under Section 326 IPC was already framed but the copy of the same is not available with him to know as to what are the wordings used in the charge with regard to constitution of the offence under Section 326 IPC. 7. In the circumstances, it is needless to say that if there is no medical evidence showing that the de facto complainant suffered any fracture or any other injury that attracts Section 326 IPC, the petitioners shall not be liable for the offence under Section 326 IPC. 8. With the above directions, the Criminal Petition is disposed of. _____________________ November 26, 2009 P. SWAROOP REDDY, J KTL