HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7105 OF 2010 Dated : 26.08.2010. Between : Dr.P.V.S.Sudhakar Rao & others … Petitioners a n d 1) Dr.M.Himabindu 2) The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7105 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners seeking to quash the proceedings in C.C.No.394 of 2008 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offence punishable under Section 498A of Indian Penal Code. The charge sheet reveals that the marriage of the complainant with A.1 was took place on 17.11.1996. At that time on the demand of accused net cash of Rs.1,50,000/-, gifts and household articles worth Rs.2 lakhs were given towards dowry. Since three months thereafter, accused started harassing the complainant-victim physically and mentally. A.1, who is a doctor, used to suspect the character of the victim, who is also a doctor, and used to abuse and insult her in front of patients. Out of their wedlock, the couple blessed with two children. Since the birth of the female child, A.1 increased his harassment demanding transfer of certain property belonging to father of the complainant, in his name. When, the complainant objected the proposal of A.1, he necked out her demanding transfer of property and also for Rs.5 lakhs as additional dowry. Finally, on 21.11.2007 A.1 necked out the victim from his house and the efforts of the victim for reunion futile. As such, having left with no option, she filed a written report, upon which a case in crime No.79 of 2008 is registered. After due investigation, Police filed the present charge sheet against A.1 to A.3 for the offence punishable under Section 498A of Indian Penal Code. Heard. Learned counsel for the petitioners submitted that 12 years after the marriage, the present complaint is filed with false allegations. He further submitted that the charge sheet field by the Police does not reveal any specific allegations against second and third petitioners, who are the parents-in-law. Hence, he prayed to quash the proceedings against the petitioners. A reading of the complaint filed by the victim, basing on which the charge sheet is filed after due investigation, reveals that at the instigation of her parents-in-law, husband harassed the victim-wife. It is the specific case of the victim that her husband and parents-in-laws made her life miserable and she prayed to take action against her parents-in-law also. Further, it is seen from the record that even though complaint is lodged against number of persons, the investigating officer after due investigation deleted the names of some of those persons and filed the present charge sheet. In a calendar case pending for adjudication by the learned Magistrate, it is kept open to the Magistrate to verify the documents and also the statements of witnesses to frame charges in accordance with law. This Court cannot conduct trial on the basis of the charge sheet filed by the investigating officer. To proceed further in a matter where a charge sheet is filed, mere existence of prima facie case is sufficient. Hence, this Court is of the view that it is not a stage for this Court to verify all the records and decide the issue on merits. In view of the same, the present Criminal Petition is dismissed. In any event, the petitioners are at liberty to raise all the points raised before this Court before the Magistrate. Further, considering the nature of allegations, the presence of the petitioners before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same. _________________________ JUSTICE RAJA ELANGO Dated : 26.08.2010 sur