THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4547 of 2008 Date: 17.03.2011 Between: T. Uday Kumar Reddy and others …..Petitioners And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad & another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4547 OF 2008 ORDER: The six petitioners herein are stated to be the accused in Crime No.68 of 2006 of IV Town Police Station, Kurnool, which was registered on the report of the 2nd respondent herein for offences punishable under Sections 498-A and 307 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. They filed this criminal petition to quash the said proceedings in the said F.I.R. The record shows that charge sheet has been filed and the case was also sent to the Court of Sessions and it is now pending as S.C.No.383 of 2008 on the file of the Court of Additional Assistant Sessions Judge, Kurnool. The grievance of the petitioners is that the 2nd respondent herein filed a criminal case and it has been ultimately registered as C.C.No.22977 of 2005 at Bangalore and on the very same allegation the S.C.No.383 of 2008 is filed and pending before the Additional Assistant Sessions Judge, Kurnool. Hence, the petitioners are seeking quashing of the said proceeding on that ground. It may be noted that these proceedings are now under Section 482 of Cr.P.C. But, to accept or reject of contentions of the petitioners, several disputed questions of fact have to be gone into and in fact, comparison of the allegations made in both the cases may be necessary and further the said exercise may involve recording of evidence also. Hence, I am of the opinion that the said exercise cannot be undertaken by this Court in this petition, which is filed under Section 482 of Cr.P.C. It should be noted that the petitioners have always the right to file a petition for their discharge from the aforementioned Sessions Case now pending on the file of the Court of Additional Assistant Sessions Judge, Kurnool and in such a petition or in other proceedings, it shall be always open for them to raise all the pleas to plead for their discharge. It is brought to my notice that the petitioners have been granted bail. With the above said observations, the petition is dismissed and the petitioners shall be at liberty to file a discharge petition or pursue other remedies available to them before the Sessions Court concerned to ventilate their grievances. _________________________ JUSTICE N.RAVI SHANKAR 17.03.2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4547 of 2008 DATE: 17.03.2011