HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6595 of 2009 Dated : 02.09.2009 Between : Chiluguri Balram & 3 others ….. Petitioners a n d The State of A.P. and another ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6595 of 2009 ORDER: Heard Sri Rama Mohan Palanki, learned counsel for the petitioners, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for the first respondent. No notice is being ordered to the second respondent as the matter is being disposed of at the stage of admission. Crime No.205 of 2008 of Ghatkesar Police Station was registered under Section 304-B of the Indian Penal code against the first accused and the petitioners herein on the report of the second respondent herein, who alleged that his daughter was killed by the first accused and that all the accused harassed his daughter for additional dowry. By the investigation done, as per the alteration memo dated 26.12.2008 filed by the Assistant Commissioner of Police, Malkajgiri Division, Cyberabad, before the competent Court, the killing of the deceased by all the five accused for additional dowry is not proved and it was in an accident that the daughter of the second respondent died, in which, the first accused also sustained grievous injuries. Therefore, the sections of law were requested to be altered to Sections 498-A and 304-A of the Indian Penal Code instead of Section 304-B. Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, stated that the investigation under the altered Sections of law is completed and a charge sheet has been filed in C.C.No.14 of 2009 before the Court of competent jurisdiction against the first accused for an offence punishable under Section 304-A of the Indian Penal Code and also under Section 498-A thereof, whereas the petitioners herein, who are the accused Nos.2 to 5, are charged with an offence punishable under Section 498-A of the Indian Penal Code. Insofar as the allegations of the second respondent as confirmed by the investigation by the statutory investigating agency in the charge sheet against accused Nos.2 to 5 concerning committal of an offence under Section 498-A of the Indian Penal Code are concerned, the same are questions of fact to be proved or disproved before the trial Court on the oral and documentary evidence to be placed before it. What all the petitioners contend is that all the allegations made in the complaint are false, but such allegations and denials cannot be probed into in summary proceedings under Section 482 of the Code of Criminal Procedure. The inherent jurisdiction is available only in rarest of rare cases to be exercised with great care, caution and circumspection, but not to conduct any deep probe into such controversial issues of fact and to arrive at any conclusions thereon. Therefore, the criminal petition does not appear sustainable. Accordingly, the criminal petition is dismissed. ______________________ G.BHAVANI PRASAD, J 2nd September, 2009 SUR