THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.10858 of 2009 ORDER: The petitioners 1 to 5/A1 to A5 are accused of oﬀences punishable under Sections 498-A, 342, 506 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners’ counsel is absent. The 1st petitioner/A1 appeared before this Court and addressed arguments. 2. A1 who is stated to be an advocate, is husband of the de facto complainant. This petition is ﬁled without impleading the de facto complainant as party respondent herein. Subsequently, the de facto complainant came up with a petition before this Court. So the de facto complainant’s advocate is also heard. A2 and A3 are parents and A4 and A5 are sisters of A1. A1 and the de facto complainant has one son. Marriage of A1 with the de facto complainant took place on 02.08.2001. It is alleged that at the time of marriage, parents of the de facto complainant gave one acre of agricultural land, cash of Rs.2,00,000/-, gold ornaments and others and that since August 2003, A1 started harassing his wife for the sake of additional dowry and was demanding her to execute a registered sale deed as if she sold one acre of land to him and that she was also conﬁned in a room and was threatened with dire consequences and that after keeping her in fear, A1 got the land registered in his name. It is further alleged that thereafter, A1 started harassing his wife asking her to bring her share in her father’s land and that in the mediation, A1 took his wife to Hyderabad. There also, on the instigation of A2 to A5, A1 began harassing his wife to get her share from her father’s land. It is alleged that A1 kept his wife in his parents house and that she is now studying degree course at a college in Wyra while her son is being educated in a school at Wyra and that ultimately on 11.12.2009, A2 and A3 necked out the de facto complainant and her son from the family house. 3. It is contended by the petitioners’ counsel that the de facto complainant gave this report to the Police as counter blast for Crime No.1410 of 2009 of Saroornagar Police Station of Hyderabad, which case was registered on the report given by A1 against the de facto complainant and her alleged paramour under Section 498 I.P.C., for eloping with his wife. It is also further contended that A1 ﬁled petition in Family Court for restitution of conjugal rights against his wife and obtained decree therein. It is further contended that t h e de facto complainant approached Cherukuri Chalapathi Rao, who is a rowdy sheeter in the village who called A1 for settlement. Alleging that Cherukuri Chalapathi Rao threatened him, A1 gave another report against him and the Police after investigation ﬁled charge sheet against the said Cherukuri Chalapathi Rao for oﬀence under Section 506 I.P.C. and it is pending trial before the Magistrate. It is contended by A1 that he recorded conversation with Cherukuri Chalapathi Rao and that he also recorded conversation with the Sub Inspector of Police and that the said conversation reveals that not only Cherukuri Chalapathi Rao as well as the Investigating Oﬃcer threatened him to enter into compromise with his wife. This Court in this petition under Section 482 Cr.P.C., cannot undertake appreciation of the said defence evidence which is produced by A1 along with this petition. It is for A1 to produce the same before the appropriate forum so that it would be appreciated in the right direction. On perusal of allegations in FIR in this case, it is evident that it contains necessary allegations to attract the oﬀences for which the case was registered by the Police. It is for the Investigating Officer to collect evidence and produce the same before the Magistrate who would appreciate the same. Having regard to the allegations, I am of the opinion that there are no grounds in law to throw away FIR at its threshold. 4. In the result, the Criminal Petition is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:02.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.10858 of 2009 Dt:02.12.2011 ysk