HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRL.PETITION NO.3205 OF 2010 Date: .04.2010 Between: Mohd Khaled …..Petitioner And: State of AP, rep. by PP …..Respondent. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRL.PETITION NO.3205 OF 2010 ORDER: The petitioner is accused of offences punishable under Sections 493, 313 and 420 IPC in P.R.C. No. 14 of 2008 on the file of Judicial Magistrate of the First Class, Kalwakurthy. At the outset, it may be noted that the petitioner did not choose to implead t h e defacto-complainant/victim in this petition. The petitioner wants quashing of proceedings in P.R.C.No.14 of 2008 behind the back of the victim, which is not permissible in law. In all fairness the petitioner should have impleaded the defacto-complainant/victim as party-respondent herein. As per the prosecution case, it is a case of accused having sexual intercourse with the victim girl Fehmina in pursuance of their love affair and on the promise of the accused marrying her and the victim becoming pregnant and at the instance of the accused, the victim undergoing miscarriage of pregnancy without her free consent. It is also alleged that father of the accused agreed to perform marriage of the victim with the accused and performed marriage engagement function on 23.5.2005 in the presence of relations and elders and that after sudden death of father of the accused, the accused bluntly refused to undergo his marriage with the victim. It is contended by the petitioner’s counsel that even from allegations in the charge sheet, the prosecution could not make out any ingredients for offences under Sections 493, 313 and 420 IPC. Apart from Penal Sections of law mentioned in the charge sheet by the police and apart from Penal Sections of law for which the charge sheet was taken cognizance by the Magistrate, the trial court after committal is at liberty to frame appropriate charges for offences which are prima facie made out from the charge sheet and statements of witnesses and documents filed along with charge sheet. Except filing copies of FIR and charge sheet, the petitioner did not file any statements and documents which were appended by the police to the charge sheet, in this petition. As can be seen from copy of the charge sheet, apart from statements of witnesses, the police filed medical records and other documents. It is for the trial court to look into those documents before trial and decide whether charges are liable to be framed or not in this case against the accused, and if so, under what Sections of law and for what offences. If this Court expresses its view on other Penal Sections of Law which are attracted to this case as per allegations in the charge sheet etc., it would prejudice case of the accused. Therefore, I propose to leave it open so that the trial court would make the said exercise without being influenced by observations of this Court in this order. From material placed before this Court, it is prima facie evident that there was sexual intercourse between the accused and the victim and that it resulted in pregnancy of the victim and that subsequently the victim was made to undergo miscarriage of pregnancy and that inspite of agreeing to marry the victim and undergoing engagement function (betrothal ceremony) the accused bluntly refused to marry the victim demanding Rs.10,00,000/- as dowry or ten acres of agricultural land. The above facts in this case undoubtedly reveal several crimes covered by IPC. I leave it to the trial court to consider all the material and to frame appropriate charges after hearing both sides. Certainly this is not a case for quashing criminal proceedings against the petitioner/accused. Place of offence and territorial jurisdiction of the Courts in Mahaboobnagar District cannot be taken into consideration in this petition, as they cannot form grounds for quashing criminal proceedings. In the result, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date: .04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRL.P.NO.3205 of 2010 Date: .04.2010 Gk.