THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7532 of 2009 BETWEEEN: G.Sreenivasulu, S/o.G.Venkataramanappa & 7 others. … Petitioners AND 1. Smt. V.Gayathri, D/o.Late M.Venkatesulu & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7532 of 2009 ORDER: This petition is not pressed insofar as the 1st petitioner/A1 is concerned as per the endorsement of the petitioners’ counsel dated 22.09.2009. 2. The petitioners 2 to 8/A2 to A8 are accused of offences punishable under Sections 494/107, 108, 109/34 I.P.C. in CC.No.173 of 2009 on the file of Judicial Magistrate of the First Class, Hindupur. A2 and A3 are parents and A4 is brother of A1. A5 is the alleged second wife of A1. A6 and A7 are parents and A8 is junior paternal uncle of A5. In M.C.No.1 of 2008, the lower Court granted maintenance to the 1st respondent/complainant against A1. O.P.No.11 of 2008 filed by A1 against the 1st respondent in Senior Civil Judge Court, Hindupur is pending for restitution of conjugal rights. It is alleged that A1 to A8 conspired together and that A1 married A5 on 01.05.2009 at Adinarayana Swamy Konda, Bagepalli Taluk, Chickbalapur District of Karnataka and that the other accused instigated, conspired and aided for the marriage of A1 with A5 while A1’s marriage with the 1st respondent was subsisting. It is contended by the petitioners’ counsel that there is discrepancy in the place of marriage of A1 with A5 between the complaint and sworn statement of the 1st respondent recorded by the lower Court. It is a matter for evaluation of evidence and clarification during trial in the case. This Court on that basis cannot jump to the conclusion that it is a false case instituted by the 1st respondent. Truth or falsity of this case is a question of fact which has to be decided by the trial Court after recording evidence. I do not find any valid reasons to quash the proceedings in the lower Court. 3. Hence, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.7532 of 2009 DATED: 28.03.2011 ysk