HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2365 OF 2007 DATE:08.06.2010 Between: M. Hemadhar and 7 others …….Petitioners And: M. Anuradha and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2365 OF 2007 ORDER: The petitioners 1 to 8/A-1 to A-8 are accused of offences punishable under Sections 494 and 109 IPC in C.C.No.36 of 2006 on the file of II Additional Judicial Magistrate of the First Class, Madanapalle. A-1 is husband of the 1st respondent/complainant. A-2 is stated to be the alleged begums wife of A-1. A-3 and A-4 are parents of A-2. A-5 and A-6 are parents of A-1. A-7 is sister of A-1. A-8 is husband of A-7. It is contended that in the previous charge sheet filed by the police for offence under Section 498-A IPC against A-1 and his parents, the police categorically stated in the charge sheet that there is no evidence of second marriage. It is for that reason, the 1st respondent filed private complaint in the lower court citing certain witnesses for the alleged 2nd marriage. It is only after recording of sworn statements of the complainant and her two witnesses, the Magistrate took the case on file. It is not as if that previous final report to the effect that there is no evidence of second marriage, is final. Aggrieved by the said statement by the police, the 1st respondent filed the private complaint in the lower court. It is contended that the petitioners 7 and 8 are residents of some other place than A-1 and that they were falsely implicated in this crime. The only allegations against A-7 and A-8 are that they also participated in performing second marriage to A-1 with A-2. In a case under Section 494 and 109 IPC, residents of some of the relations is not the criterion. The question if whether they really participated in performing the second marriage or not. It is a question of fact, which this Court cannot go into in this petition filed under Section 482 Cr.P.C. I do not find any valid or legal reasons to quash proceedings in this case. In the result, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:08.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2365 OF 2007 Date:08.06.2010 Gk.