HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8129 OF 2010 Dated : 24.08.2010 Between : T.Venkata Kishore Kumar & others … Petitioners-A.1 to A.4 A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8129 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners-A.1 to A.4 seeking to quash the proceedings in Crime No.74 of 2010 of Narasaraopet Police Station, Guntur, registered for the offence punishable under Sections 498A and 494 of Indian Penal Code. The complainant lodged a written report before the respondent Police alleging that her marriage with A.1 was took place on 01.03.2002. Few days thereafter all the accused started harassing her to bring additional dowry. Subsequently, she was send to her parents’ house. At that time, A.1 married one Durga in the month of May, 2003, and two daughters were born to A.1 through the second wife. Later, the divorce case filed by A.1 was dismissed directing the complainant to continue her marital life. Hence, she lodged the present complaint before the Police against husband, in-laws, sister-in-law, and also the second wife of A.1 and her father and the marriage elders, who performed the second marriage of A.1. Heard. Learned counsel for the petitioners submitted that in an earlier occasion, a complaint is lodged by the de facto complainant for the offence under section 498A IPC and after due trial, the accused were acquitted by the competent Court. Thereafter, the present complaint is filed. Hence, he prayed to quash the proceedings. It is true that from a perusal of the entire record filed by the petitioners, it is evident that the present complaint is second complaint. But, on a careful scrutiny of the complaint, it is seen that the present complaint is lodged for an offence punishable under Section 494 IPC for A.1 marrying A.5 during the lifetime of the first wife i.e. complainant. Aggrieved over the same, the de facto complaint filed the present second complaint. In any event, erroneously the investigating officer registered a case under sections 498A and 494 IPC. This Court is of the view that mere registration of a complaint under different provisions will not take away the jurisdiction of the investigating officer to investigate further. Accordingly, the investigating officer is directed to drop further proceedings in the matter as far as offence under Section 498A IPC is concerned. However, investigating officer is at liberty to proceed further in connection with Section 494 IPC as disclosed in the complaint. With above observation, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 24.08.2010 sur