THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.3581 OF 2009 Between : Chintalapati Gopalakrishna Sarma and another ....PETITIONERS A N D The State of A.P. and others. …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.3581 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C) is filed by the petitioners – A.1 and A.2 seeking to quash proceedings in C.C.No.628 of 2008 on the file of the II Additional Junior Civil Judge, Sattenpalli, Guntur District for the offence under Section 498A read with 34 of Indian Penal Code, 1860. Originally the case was registered and charge sheet was filed against all the accused persons. Since petitioners–A.1 and A.2 were absconding from the beginning; the case was split up from C.C.No.18 of 2008. As far as the other petitioners are concerned they faced the trial and they were acquitted. Learned counsel for the petitioners submitted that the prosecution failed to prove the case beyond all reasonable doubt against other accused, as such, they are acquitted. P.W.1 also stated in his evidence that how the accused demanded dowry and what is the harassment made by the accused. Placing reliance on the same, the learned counsel submitted that benefit of doubt should be extended to the present petitioners also those who are facing the trial. As far as an offence under Section 498A read with 34 I.P.C. the overt acts are different from one person to another and the petitioners no other than the husband and father-in-law of the respondent. It is for the petitioners, to dis-prove the case before the trial Court. Hence, this Court is of the view that when the order of acquittal of other accused passed by the trial Court, is not hurdle to proceed further in this matter. Accordingly, the criminal petition is dismissed. However, the petitioners are directed to face the trial and learned Magistrate is directed to conclude the trial within a period of six months. _________________________ JUSTICE RAJA ELANGO AUGUST 19, 2010. YVL