THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2371 OF 2007 Date:31.05.2010 Between: Chindam Narasaiah and 3 others ……Petitioners And: The State of AP., rep., by the Station House Officer, Kukatpally Police Station, rep., by PP, Hyderabad and another ….. Respondents. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2371 OF 2007 ORDER: The petitioners/A-2 to A-5 are accused of offence punishable under Section 304-B IPC in P.R.C.No.4 of 2006 on the file of IX Metropolitan Magistrate, Kukatpally, Cyberabad along with another. The 2nd respondent is the defacto-complainant and father of the deceased woman. Marriage of the deceased with A-1 took place on 15.02.2003. The deceased committed suicide by hanging on 25.09.2005 at Venkateswara Nagar, Jagathgirigutta, Kukatpally where she was living with her husband/A-1 separately. A-2 is brother, A-3 is mother, A-4 is sister and A-5 is brother-in-law of A-1. They were not living with the deceased A-1 and they were residents of some other places and in some other districts. It is alleged that at the time of marriage, dowry of Rs.1,50,000/- was given. It is further alleged that for six months A-1 looked after the deceased properly and thereafter began harassing the deceased and thereafter A-1 sent away the deceased to her parents’ house demanding to bring dowry from her parents and that three tolas of gold ornaments were also given at the time of marriage. In so far as A-2 to A-5 are concerned, the allegation is that they were not liking the deceased and therefore were harassing her. It is not the prosecution case as well as statements of parents of the deceased to the police under Section 161(3) Cr.P.C that A-2 to A-5 were also harassing the deceased for the sake of dowry or other valuables. The only allegation of demand for additional dowry is against A-1 and not against the petitioners/A-2 to A-5 who are living separately from A-1 and the deceased. In those circumstances, it cannot be said that the prosecution has made out any prima facie case against any of the petitioners/A-2 to A-5 for offence punishable under Section 304-B IPC. In those circumstances, it would be futile to proceed with trial against them. In the result, the petition is allowed quashing proceedings in P.R.C.No.4 of 2006 on the file of IX Metropolitan Magistrate, Kukatpally, Cyberabad in so far as the petitioners 1 to 4/A-2 to A-5 are concerned. ___________________________________ SAMUDRALA GOVINDA RAJULU,J 31st May, 2010 Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2371 OF 2007 Date:31.05.2010 Gk.