HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4899 OF 2010 DATE:11.06.2010 Between: Gulle Rachanna and 3 others …….Petitioners And: Smt Gulle Vijayalakshmi and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4899 OF 2010 ORDER: The petitioners 1 to 4/A-2 to A-4 and A-1 respectively are accused of offences punishable under Sections 498-A and 506 IPC in C.C.No.173 of 2010 on the file of Judicial Magistrate of the First Class, Tandur, Ranga Reddy District. The 1st respondent/defacto-complainant is wife of the 4th petitioner. The 1st petitioner is elder brother of the 4th petitioner. The 2nd petitioner is wife of the 1st petitioner. The 3rd petitioner is sister of the petitioners 1 and 4. It is alleged that parents of the 1st respondent gave Rs.2,00,000/- cash, gold, furniture and other household articles at the time of her marriage on 06.02.2003 to A- 1 to A-4. It is further alleged that five or six days after their marriage, A-1 to A-4 started harassing the 1st respondent physically and mentally demanding to bring additional dowry and also color T.V, Fridge and other articles. Four months thereafter, the 1st respondent got Government Teacher post and started living at Tandur. It is further alleged that the 1st respondent was physically and mentally harassed for additional dowry of Rs.2,00,000/- and that since additional dowry was not furnished, A-1 began demanding the 1st respondent to give divorce with an intention to go for another marriage and that A-1 to A-4 threatened the 1st respondent with dire consequences. Further specific allegation is mentioned to the effect that on 27.05.2010 at about 05.30 hours when the 1st respondent was proceeding to railway station to go to Miyapur on her official work and came out of her house, suddenly A-1 to A-4 attacked her instigating each other to kill her and that her parents came to her rescue and that A-1 to A-4 threatened that they would kill them if divorce is not given to A-1. It is contended by the petitioners’ counsel that even since the year 2003, the 1st respondent deserted A-1 and therefore, A-1 got issued notice dated 13.11.2004 to her calling upon her to join marital society with him. Subsequently, A-1 filed O.P No.28 of 2007 against the 1st respondent in the court of Senior Civil Judge, Sangareddy for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act. On 01.06.2010 the Senior Civil Judge, Sangareddy granted divorce between the parties, subsequent to present report and filing of charge sheet and that the present case was instituted by the 1st respondent with a view to harass the petitioners falsely just prior to pronouncement of order in the divorce petition. On reading of allegations in FIR and in the charge sheet and taking those allegations on their face value, this Court is of the opinion that those allegations make out the offences for which the charge sheet is filed against A-1 to A-4. Truth or otherwise of the said allegations cannot be decided by this Court in this petition under Section 482 Cr.P.C as it is a question of fact. It is also contended by the petitioners’ counsel that A-1 had attended to duty as Assistant Executive Engineer on 27.05.2010 and that A-4 as Teacher attended to census duty on 27.05.2010 as per certificate issued by their Superior officers. Alibi is a question of fact and this Court cannot be expected to go into those alibi certificates and decide the case here itself. I do not find any valid or legal reasons to quash proceedings against the petitioners without trial. Hence, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:11.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4899 OF 2010 Date:11.06.2010 Gk.