IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO : 600 of 2009 Between: 1 Datla Siva Rama Raju,(A-5) S/o. Padmanabha Raju, R/o. Flat No.107/A Block NCL , Godavari Apartments, TET BHasheerbagh, Jeedimetla Village, RR.District. 2 Smt. Datla Sarala,(A-6) W/o. Datla Sivarama Raju, R/o. Flat No.107/A Block NCL , Godavari Apartments, TET BHasheerbagh, Jeedimetla Village, RR.District. ..... PETITIONERS AND 1 State of A.P., rep.by Public Prosecutor, High Court of A.P., Hyderabad. 2 Smt. Alluri Depthi, W/o. Venkata Sri Satyanarayana Varma, R/o. HIG -4, VUDA Colony, China Mushidwada, Pendurthy, Visakhapantnam .....RESPONDENTS Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto quash the proceedings against the petitioners in Cc.No. 1420 of 2007 on the file of the I Addl. Chief Metropolitan Magistrate,Visakhapatnam The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.PRAVEEN KUMAR, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER PSR, J. Crl.P.No. 600 of 2009 O r d e r: Heard the learned counsel for the petitioners; Sri K.R. Srinivas, learned counsel appearing for the second respondent and the learned Additional Public Prosecutor appearing for the State. 2. The offence alleged against the petitioners is one under section 498-A IPC. The petitioners are the maternal uncle and aunt of the husband of the de facto complainant. There are allegations against them and of their participation in harrasing the de facto complainant, at least, on three occasions. Such being the case; as the Calendar case is of the year 2007 and as the present petition is filed in 2009, it cannot be said that there is no prima facie case against the petitioners. 3. The petition is dismissed. However, the presence of the petitioners shall be dispensed with during the trial on an appropriate petition being filed on their behalf. The petitioners shall present before the trial court on the date of framing of charges; examination under section 313 Cr.P.C., and on the date of judgment. _______________________ P. SWAROOP REDDY, J. December 22, 2009. *BVS