THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4640 of 2011 ORDER:- Heard the petitioners counsel and the public prosecutor. 2. Petitioners are A-1 to A-4 in C.C.No.245 of 2011 on the file of the X Metropolitan Magistrate, Cyberabad, Malkajgiri. The first petitioner is stated to be the husband of the second respondent. Petitioner Nos.2 and 3 are said to be the parents and petitioner No.4 is said to be the brother of the first petitioner. The offences alleged are those punishable under Sections 498-A, 420 and 323 IPC and Sections 3 and 4 of the Dowry Prohibition Act. One contention which has been raised by Sri Chandrasekhar is that the second respondent is a Christian by birth and her marriage with the first petitioner under Arya Samaj rituals cannot be said to be a valid marriage at all as such a marriage has to take place between two Hindus who may belong to two different castes. It may be noted that whether there is a marriage at all between the second respondent and the first petitioner and if so whether there is harassment or not are all disputed questions of fact which have to be decided only on evidence. Hence it follows that this criminal petition is not maintainable. 3. It may be noted that the version of the prosecution is that the first petitioner has married the second petitioner and the other petitioners say that they have no knowledge about the same. It may further be noted that in the course of time there is a possibility of the second respondent and the first petitioner coming together also. 4. The Criminal Petition is accordingly dismissed at the admission stage. However, the presence of petitioners 2 to 4 alone for every date of hearing before the trial Court is dispensed with and they can be represented by their counsel. It shall be open for the trial Court to summon their presence as and when it considers necessary. ______________________ N. RAVI SHANKAR, J 16th June, 2011 CVRK