IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.7958 OF 2009 Between: Kasapu Ammanna ..... Petitioner/De facto Complainant AND 1. The Sate of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad, Yeleswaram Police Station, Yeleswaram Mandal, East Godavari District. ..... Respondent/Complainant 2. Yelubandi Suribabu & 9 others ..... Respondents/Accused The Court made the following: ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ de facto complainant to direct the learned Judicial I Class Magistrate, at Prathipadu, East Godavari District, to consider the complaint filed by the petitioner/de facto complainant in C.C.SR.No.157 of 2009, to conduct enquiry into the matter. 2. A private complaint was lodged under Section 200 read with Section 156 (3) of the Code of Criminal Procedure, 1973, against Accused Nos.1 to 10 alleging that A1 along with his relatives, i.e., A2 to A10 were demanding the deceased Chandramma, prior to her death, for additional dowry and threatened that they would kill her if she fails to bring the additional dowry. Thereupon, the petitioner/de facto complainant lodged a complaint with the Yeleswaram Police. The police registered a case in Crime No.53 of 2008 under Sections 304 (B) and 201 read with 34 IPC and also filed the charge sheet before the learned Judicial I Class Magistrate, Kakinada, against the husband (A1) only. 3. Though the complaint against Accused Nos.1 to 10 was filed on 02.02.2009, no enquiry has been conducted and no sworn statement of the de facto complainant has been recorded. When a complaint is filed under Section 200 read with Section 156 (3) of the Code of Criminal Procedure, 1973, necessary enquiry has to be conducted to know whether a prima facie case is made out or not for the offences levelled against the accused. Keeping the complaint for over a period of seven months without examining the de facto complainant and the witnesses, if any, present is unwarranted. 4. Therefore, the Criminal Petition is disposed of directing the learned Judicial I Class Magistrate, at Prathipadu, East Godavari District, to examine the de facto complainant and witnesses if any present in C.C.SR.No.157 of 2009 and take appropriate decision in accordance with law. ______________ (K.C.BHANU, J) Dated: 5th October, 2009. KL