THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5255 OF 2008 Date: 16.11.2011 Between: Dalapathirao Srinivasa Raju and others …..Petitioners And D.Vijayalakshmi and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5255 OF 2008 ORDER: Heard Sri V.Venugopala Rao, learned counsel for the petitioners and also learned Additional Public Prosecutor. 2. The petitioners herein are accused 2 to 4 in C.C.No.606 of 2007 on the ﬁle of the Court of III Additional Chief Metropolitan Magistrate, Vijayawada (trial court). The oﬀence alleged against them are those punishable under Sections 498-A of Indian Penal Code, 1860 and Sections 4 and 6 of the Dowry Prohibition Act, 1961. They ﬁled this petition under Section 482 of Code of Criminal Procedure, 1973 for quashing the aforesaid case against them. 3. The ﬁrst respondent herein is the wife of the ﬁrst accused and the petitioners 1 and 2 herein are parents-in- law and the petitioner No.3 herein is the brother-in-law of the ﬁrst respondent. It is alleged that the ﬁrst respondent’s husband deserted her and started living with another lady by name Pushpa at Hyderabad and when the ﬁrst respondent questioned about the above attitude of her husband, the petitioners along with her husband threatened her and in turn demanded some mango garden registered in the name of the ﬁrst respondent should be transferred in their names or in the name of the ﬁrst respondent’s husband. The allegations in the charge-sheet do disclose oﬀences which are mentioned in it. Thus the question of innocence or guilt of these petitioners becomes a disputed question of fact and cannot be gone into in this petition. Accordingly, the relief for quashing the C.C. is rejected. 4. It shall be open for the petitioners to make an application for discharge before the trial court and pursue appropriate remedies in that behalf. It is brought to my notice that the petitioners 1 and 2 are aged people and the third petitioner has got his own avocation and cannot attend the court in the case for every date of hearing. In the circumstances, their presence before the trial court for every date of hearing is dispensed with subject of course to the power of the trial court to summon their presence as and when it considers necessary. 5. Accordingly, this petition is disposed of. ___________________________ JUSTICE N.RAVI SHANKAR 16th November, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5255 OF 2008 DATE: 16.11.2011