IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Monday, July 18, 2011. Present: Hon’ble Sri Justice N. Ravi Shankar Crl.R.C.No. 1479 of 2011 Between: Jakka Rajavardhan Reddy and others …Petitioners and The State of AP and another …Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.R.C.No. 1479 of 2011 Judgment: Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. Having regard to the merits of this matter and in the circumstances under which it is filed, it is considered that notice is also not necessary to the de facto complainant. 2. The petitioners herein are A-1 to A-3 in C.C.No. 387 of 2010 on the file of the court of Judicial Magistrate of First Class, Kalwakurthy, Mahabubnagar District (trial court). After deleting the offence under section 494 IPC the police have filed the above case against these petitioners only for an offence punishable under section 498-A IPC. 3. Thereafter the petitioners have filed Crl.M.P.No. 1357 of 2011 in the trial court pleading for their discharge from the case. The trial court after considering that application held that since this court in earlier quash petition – Crl.P.No. 1007 of 2010 did not observe anything to the effect that there were are no ingredients for the offence under section 498-A IPC, that was a good ground for holding that a case was made out against these petitioners under section 498-A IPC. In that view of the matter it failed to go into the merits of the case and dismissed the discharge petition by its impugned order dated: 07-06-2011. 4. It may be noted that this court never observed in the above criminal petition that a case was made out under section 498-A IPC and even if there is any such observation it may be only for the purpose of that quash petition and that cannot foreclose the right of petitioner to move for a discharge. It should also be noted that the right of the accused to apply for discharge under section 239 Cr.P.C. is a statutory right given to them/him and this court or any other court cannot interfere with that right and only the trial court before which the case is pending can consider that application for discharge and dispose of it on merits. Accordingly the impugned order is set aside and Crl.M.P.No. 1357 of 2011 (a discharge petition) is remitted back to the trial court for disposal according to Law. 5. Accordingly this petition is disposed of at the admission stage. _____________________ N. RAVI SHANKAR, J. July 18, 2011. *BVS