HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6831 of 2009 Dated : 02.09.2009 Between : Dayananda Reddy ….. Petitioner a n d The State of A.P. and another ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6831 of 2009 ORDER: Heard Sri N.V.Sumanth, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for the first respondent. No notice is being ordered to the second respondent as the matter is being disposed of at the stage of admission. The complaint of the second respondent to the Police, which led to the registration of the crime, is that not only the petitioner has harassed the deceased for additional dowry inspite of mediation, but also that the daughter of the second respondent committed suicide by consuming pesticide on hearing about the petitioner marrying again. Whether the allegations against the petitioner are true or not is for the investigating agency and the trial Court to determine and the investigating agency after statutory investigation filed the charge sheet against the petitioner under Sections 498-A and 306 of the Indian Penal Code opining prima facie that the allegations of harassment and abetment made against the petitioner have to be tried and decided by the trial Court on merits. The petitioner contends herein that the ingredients of abetment are not made out in the allegations and that he is being prosecuted merely on suspicion, but not on the basis of any substantive material. However, this claim of the petitioner raises disputed questions of fact, which cannot be deeply probed into in summary proceedings and the trial Court has to go into the allegations in depth and find out whether there was any such harassment and abetment as alleged by the prosecution and as the inherent jurisdiction is available only in rarest of rare cases, it should be made unavailable to the petitioner. Accordingly, the criminal petition is dismissed. ______________________ G.BHAVANI PRASAD, J 2nd September, 2009 SUR