HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2262 OF 2007 DATE:01.06.2010 Between: Metpally Sujatha …….Petitioner And: The State of A.P., rep. By Public Prosecutor and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2262 OF 2007 ORDER: The petitioner/A-2 is accused of offences punishable under Sections 498-A, 494 IPC and Section 4 of the Dowry Prohibition Act in C.C.No.59 of 2002 on the file of Judicial Magistrate of the First Class, Peddapalli along with others. The 2nd respondent is the defacto-complainant and wife of A-1. A-3 to A-5 are other relations of A-1. It is alleged that having developed illicit intimacy with A-2, A-1 was harassing the defacto-complainant both physically and mentally and demanding further dowry amount. Even though A-2 is described as concubine, in the last lines of charge sheet, it is alleged that A-1 also married A-2 at the instigation of A-3 to A-5 while marriage of A-1 with the 2nd respondent was subsisting. During investigation there was absolutely no enquiry about the alleged 2nd marriage of A-1 with A-2. List of witnesses appended to the charge sheet discloses that all of them were examined with reference to offences punishable under Sections 498-A IPC and Section 4 of the Dowry Prohibition Act. There is absolutely no witnesses cited by the prosecution for the alleged 2nd marriage of A-1 with A-2. A concubine is no relation of A-1. Therefore, the question of prosecuting A-2 for any of the offences mentioned in the charge sheet will not arise at all. Hence, the petition is allowed quashing proceedings in C.C.No.59 of 2007 on the file of Judicial Magistrate of the First Class, Peddapally in so far as the petitioner/A-2 is concerned. ___________________________________ SAMUDRALA GOVINDA RAJULU,J Date:01.06.2010. Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2262 OF 2007 Date:01.06.2010 Gk.