IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE 15th DAY OF OCTOBER, 2009 CRLP No.7462 of 2007 Between: Kotte Santhisri and others ….PETITIONER(S) and The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …RESPONDENT(S) HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRLP No.7462 of 2007 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.233 of 2005 of the Court of Additional Judicial First Class Magistrate, Addanki, which is a private complaint taken on file by the lower Court for the offence under Section 417 I.P.C. It is contention of the private complainant who is husband of the first accused (A-1) that A-1 married twice previously and obtained divorce on both previous occasions and that suppressing that fact, her marriage with the complainant was performed. It is on that premise the complainant alleges the offence under Section 417 I.P.C. against A-1 to A-7 who are wife, her parents and others. Questioning the proceedings against them, A-1 to A-4 filed this petition stating that there is no concealment of prior marriages of A-1 and that they were disclosed to the complainant previously. It is stated that the complainant was not married previously and it was one and only marriage with A-1. In a petition under Section 482 Cr.P.C., it has to be seen whether the complainant has made out the ingredients under Section 417 I.P.C. prima facie from the complaint. It is contended that the police previously referred this case as ‘false’ after investigation in Crime No.41 of 2004 when it was originally forwarded by the Magistrate to the police for investigation under Section 156(3) Cr.P.C. At this stage, the final report of the police is mostly irrelevant because the police authorities are not final authorities and, on questions of fact, it has to be enquired and decided by the trial Court after full trial. As the matter now stands, it is evident from the private complaint that the complainant has made out the required ingredients for the offence under Section 417 I.P.C. Of-course, it is for the complainant to prove the said allegations during trial and satisfy whether the ingredients for the offence under Section 417 I.P.C. are made out or not. At this stage, I do not find any valid and legal reasons to quash the proceedings in C.C.No.233 of 2005. In the result, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J 15th October 2009 CVRK