THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.13981 OF 2011 ORDER:- Heard. In view of the fact that the relationship between the petitioner and the de facto complainant is not in dispute and the allegations with regard to the offence under Section 498-A of the Indian Penal Code (for short, 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act are to be decided only after taking evidence, it is not a case for quashing of the proceedings at this stage. However, the learned Sessions Judge is to consider whether the offence under Sections 306 read with 511 IPC is applicable since the harassment or cruelty are consequently covered under the definition of Section 498-A IPC. If one attempts to commit suicide and fails the offence being against the said person is 309 IPC, the Sessions Judge is, therefore, to decide whether the case can be tried as a Sessions Case or not and as to whether the offence under Section 306 read with 511 IPC is applicable. With the above direction, the Criminal Petition is disposed of. ___________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 29-12-2011 INL/MR