THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION Nos.1907 & 7114 OF 2009 COMMON ORDER: These Criminal Petitions, under Section 482 of the Code of Criminal Procedure, 1973, are filed to quash the proceedings in Crime No.14 of 2009 on the file of Women Police Station, Charminar, Hyderabad, which was registered for the offences under Sections 498A I.P.C. and 4 and 6 of the Dowry Prohibition Act, 1961. 2. Heard. 3. Petitioners in Criminal Petition No.1907 of 2009 are A2, A3, A6, A9 and A10 and the petitioners in Criminal Petition No.7114 of 2009 are A4, A5, A7 and A8. Respondent No.2 in both the Criminal Petitions is the complainant. This Court while ordering notice before admission, directed the police not to arrest the accused, but to proceed with the investigation. Thereafter, police conducted investigation and filed charge sheet. It is stated in the charge sheet as follows: “Finally, the accused A-1, A-3, A-8 and A-11 necked out the LW-1 from their house with a demand to bring additional dowry amount of Rs. Three Lakhs from her parents by retaining all her belongings and jewellery with them and threatened her if she failed to fulfill their demands, they will not allow her to enter into their house and they would desert her life. On which, LW-1 came to her parents’ house and took shelter. The parents of LW-1 and other elders made efforts to pacify the matter, but the accused persons are adamant and did not heed their words and reiterated their demand for additional dowry and also warned the LW-1 that unless she won’t bring the demanded additional dowry amount from her parents, they will not allow her to enter into their house.” 4. Insofar as A4, A5, A6, A7, A9 and A10 are concerned, no case is made out. Therefore, their names have been deleted from the charge sheet. Insofar as A3 and A8 are concerned, it is alleged in the charge sheet that the complainant was necked out from the house by them demanding her to bring additional dowry of Rs.3,00,000/- from her parents. Any unlawful demand made by the husband or relative of husband to the wife coercing her to meet any unlawful demand for any property or valuable security is cruelty within the meaning of Section 498A I.P.C. Therefore, prima facie offence is made out against A3 and A8 under Section 498A I.P.C. 5. However, learned counsel for the petitioners contended that filing of separate charge sheet against A3 and A8, after vacation of the stay order passed by this Court, is unwarranted. As rightly contended by the learned counsel for petitioners, there is no need to file separate charge sheet against petitioner No.2/A3 and A8. Therefore, the trial Court shall take note of the fact that on the basis of allegations in charge sheet, it can take cognizance against petitioner No.2/A3 and A8 also without insisting for separate charge sheet. 6. With the above observation, the Criminal Petitions are dismissed. _______________ K.C. BHANU, J August 05, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION Nos.1907 & 7114 OF 2009 August 05, 2010 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION Nos.1907 & 7114 OF 2009 CRIMINAL PETITION No.1907 OF 2009: Between: Smt. Afzalunnisa and others ..... PETITIONERS AND State of Andhra Pradesh and another ....RESPONDENTS CRIMINAL PETITION No.7114 OF 2009: Between: Mohd. Basith Ali and others ..... PETITIONERS AND State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: