HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3396 OF 2010 Date: 16.04.2010 Between: Katta Kishore ……Petitioner And: State of AP., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3396 OF 2010 ORDER: The petitioner/accused who is husband of the 2nd respondent/defacto- complainant, is accused of offences punishable under Sections 498-A and 506 IPC in CC.No.54 of 2010 on the file of Judicial Magistrate of the First Class, Kodad, Nalgonda District. It is stated to be a love marriage between the petitioner and the 2nd respondent. It is further alleged that the said love marriage was to the dislike of parents of the 2nd respondent, as the petitioner happened to be a person belonging to Scheduled Caste. It is alleged that the petitioner demanded Rs.5,00,000/- from the 2nd respondent towards dowry and sent her away from his house stating that he would not allow to lead marital life with her without brining the said amount. Previously the petitioner filed Writ Petition No.27656 of 2009 before this Court for issue of Writ of Habeas Corpus. In pursuance of orders of this Court in that Writ Petition, the 2nd respondent was produced before the Division Bench of this Court. The victim/2nd respondent stated before the Division Bench that she wanted to reside with her parents. So the Writ Petition was dismissed by this Court. It is contended that in that writ petition, the 2nd respondent did not state that the petitioner subjected her to cruelty demanding dowry amount. Subject-matter of the writ petition was whether the victim was detained in illegal custody without her consent at her parents’ house. Subject-matter of the writ petition was not whether there was any illegal demand for dowry by the petitioner and harassment of the 2nd respondent in consequence thereof. Therefore, statement of the victim before the Division Bench cannot be taken into consideration, while judging existence or otherwise of offence punishable under Section 498-A IPC in this case. It is for the trial court to record evidence to be let in by both the parties and to come to its own conclusion on the basis of evidence to be recorded in the criminal case. There are no legal grounds for quashing pending criminal proceedings. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:16.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3396 OF 2010 Date: 16.04.2010 Gk.