THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2701 of 2008 16th November, 2011 Between :- Annabheemoju Narsamma and others .. Petitioners And The State of A.P., Through Station House Officer, Women P.S., Nalgonda, Rep.by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2701 of 2008 ORDER:- This Criminal Petition has been taken out under Section 482 of Cr.P.C. by A.2 to A.4 in C.C.No.21 of 2007 on the file of the Judicial First Class Magistrate at Nalgonda to quash the proceeding therein. Smt.Annabheemoju Jayamma – 2nd respondent filed a report before the S.H.O., Women P.S., Nalgonda, alleging, inter alia, that she has been harassed by her husband (A.1) and mother-in-law (A.2) and sisters-in-law (A.3 and A.4) on the ground of additional dowry of Rs.50,000/-. It is further alleged in the report that her husband beat her severely on 11-6-2007 at about 10.00 p.m. The S.H.O., Women P.S., received the report and registered a case in Crime No.94 of 2007 under Sections 498-A and 506 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act. After due investigation, the S.H.O., Women P.S., Nalgonda, filed a charge-sheet against A.1 while deleting the names of A.2 to A.4. The Judicial First Class Magistrate at Nalgonda took cognizance of the offences under Sections 498-A and 506 of I.P.C against A.1 to A.4 and registered the case as C.C.No.21 of 2007. Hence, this Criminal Petition by A.2 to A.4 to quash the proceedings against them in C.C.No.21 of 2007. This Court called for the remarks of the Judicial First Class Magistrate at Nalgonda for taking cognizance of offences under Sections 498-A and 506 of I.P.C. against the petitioners (A.2 to A.4) despite deletion of their names in the charge-sheet. The learned Magistrate submitted his remarks under Lr.No.1330/2008 dated 14-8-2008. Remarks of the Judicial Magistrate of First Class, Nalgonda have been perused. It is stated by the learned Judicial Magistrate of First Class, Nalgonda that he has gone through the statements of L.Ws.1 to 3 recorded under Section 161 of Cr.P.C. and found that a prima facie case is made out against A.2 to A.4 also and therefore he has taken cognizance of the offences against A.2 to A.4 also. Relevant portion of the remarks of Judicial Magistrate of First Class, Nalgonda reads as hereunder:- “I most respectfully submits that as a matter of fact, the office used to check the charge-sheets and place before me for taking on the file with a note thereon in each respective case. In this case also the Chief Ministerial Officer has made a note to take the case on file for the offences levelled against on all accused 1 to 4. In fact, the charge-sheet is filed only against A.1 showing the petitioners under the caption “particulars of accused not charge sheeted” on which I have perused the F.I.R., the Case Diary – II and after finding a prima facie case against all the four accused, I was satisfied to take the charge-sheet on file for the offences under Sections 498-A and 506 I.P.C. against A.1 to A.4. At this juncture, it is expedient to submit that the complaint lodged by the defacto complainant Annabheemoju Jayamma (victim) and statements of the L.Ws.1 to 3 i.e., the victim, mother and brother of the victim respectively viz., Indiroju Shashikala and Indiroju Sagar recorded by police during course of investigation under Section 161 Cr.P.C. clearly reveal the very involvement of the petitioners also in the offences.” When the case is taken up for hearing, there is no representation on behalf of the petitioners. It indicates that the petitioners are not interested in pursuing the matter. Accordingly, the Criminal Petition is dismissed for non- prosecution. As sequel to it, interim stay granted on 23-6-2008 is hereby vacated. _________________________ B.Seshasayana Reddy, J 16th November, 2011 smr