IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6257 OF 2009 Between: G.Surender Reddy. ..... PETITIONER. AND The State of A.P., Represented by Public Prosecutor, High Court of A.P., and another. ..... RESPONDENTS. Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the proceedings in C.C. No.292 of 2009 on the file of XIII Additional Chief Metropolitan Magistrate, Mahila Court, Hyderabad. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. P.PRABHAKAR REDDY, Advocate for the Petitioner and of the Public Prosecutor on behalf of the first respondent, the Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6257 OF 2009 ORDER: Heard Sri. P. Prabhakar Reddy, learned counsel for the petitioner and Sri A. Ramesh, learned counsel who entered appearance on behalf of the learned Public prosecutor for the first respondent. No notice is being ordered to the second respondent as the matter is being disposed of at the stage of admission and as the rights and interests of the second respondent are no way touched upon by the order being passed herein. The case in C.C. No.292 of 2009 on the file of XIII Additional Chief Metropolitan Magistrate Court, Hyderabad is pending against the petitioner only, while the names of others sought to be implicated as accused by the complaint of the second respondent were deleted by the statutory investigating agency while filing the charge sheet. The statutory investigating agency has stated on conclusion of investigation that, there was no substantial evidence against the other suspects while, the petitioner/first accused appeared to have rendered himself liable under Section 498-A of I.P.C. and sections 3 and 4 of the Dowry Prohibition Act. The petitioner's claims in the petition are like those of the learned counsel for the petitioner, who relied on the statement of the second respondent recorded by the police during investigation as not disclosing the necessary ingredients of the alleged offences. It may be true, that the said statement or even the charge sheet were not eliciting graphic details of the necessary ingredients of the alleged offences concerning either the cruelty or harassment to the second respondent or payment of any additional dowry demanded but, on these disputed questions of fact, the prosecution may place appropriate oral and documentary evidence before the court through not only the second respondent but her parents, elder brother and five independent witnesses cited by the prosecution in the charge sheet. The premature termination of the criminal proceedings on the disputed questions of fact, is not within the province of this Court under Section 482 of Code of Criminal Procedure and therefore the inherent jurisdiction, rarely invoked, cannot be invoked in the present case. The grievance of the petitioner as ventilated through the learned counsel for the petitioner Sri P. Prabhakar Reddy, is also that in view of the pendency of the criminal proceedings against him, he was unable to pursue his career in the United States of America where he was employed earlier and at least expeditious disposal of the criminal case will undoubtedly be called for in the interests of justice. Making an appropriate request to the trial Court in this regard will hence be serving the cause of substantial justice. Therefore, while the Criminal petition is dismissed, the Court of XIII Additional Chief Metropolitan Magistrate, Mahila Court, Hyderabad, shall try and determine C.C. No.292 of 2009 on its file on merits, in accordance with law, after giving every reasonable opportunity to both parties within a period of three months from the date of communication of this order. ____________________ G.BHAVANI PRASAD, J Date: 13-08-2009. Dsh.