HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3297 of 2009 O R D E R: The petitioners 1 to 6/A.1 to A.6 are accused of offences punishable under Sections 3 and 4 of the Dowry Prohibition Act. Private complaint filed by the 2nd respondent before the Magistrate was forwarded to the police for investigation under Section 156(3) Cr.P.C. It is contention of the petitioners’ counsel that already a case was instituted by Assistant Commissioner of Police, Airport Sub-Division against A.1 to A.6 for offences punishable under Sections 498-A, 304-B IPC and Sections 3 and 4 of the Dowry Prohibition Act and that the said case was committed by the X Additional Chief Metropolitan Magistrate, Bangalore to the Court of Session by order dated 29.12.2008. Copy of the said committal order is filed. Even as per allegations in para 4 of the private complaint herein, there is no dispute about registration of that case by HAL Police Station, Bangalore City in Crime No.192 of 2008 under Section 498-A and 304-B/34 IPC against A.1 to A.6. It is contended by the 2nd respondent’s counsel that by the date of filing of the present complaint before the Magistrate, the case in Bangalore City did not contain penal provisions under Sections 3 and 4 of the Dowry Prohibition Act. The present complaint was filed before the Magistrate on 05.01.2009 and after forwarding the same to the police, the police registered the same as Crime No.157 of 2009 and issued F.I.R. on 09.04.2009. The committal order of the X Additional Chief Metropolitan Magistrate, Bangalore dated 29.12.2008 shows that the case was committed to the Court of Session for the offences including those under Sections 3 and 4 of the Dowry Prohibition Act. Therefore, the present second complaint for the same offences against the same accused is nothing but abuse of process of law. In the result, the Criminal Petition is allowed quashing F.I.R. in Crime No.157 of 2009 of Vizianagaram I Town Police Station. _______________________ SAMUDRALA GOVINDARAJULU,J Dt.15th December, 2011 PNV