Judgement - Andhra Pradesh High Court

Court: Andhra Pradesh High Court

Bench: JUSTICE P. SWAROOP REDDY

M.Mahesh Babu vs The State of A.P. & another on 21 January 2010

Law Point:
NRI case, since accused flown down for this case only, finish trial  within 3 months

JUDGEMENT

1) This criminal petition is filed under Section 482 Cr.P.C. by the petitioner/A.1 seeking to quash proceedings against him in C.C.No.415 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate and Mahila Court, Hyderabad, for the offence punishable under Section 498A I.P.C. and Section 4 & 6 of Dowry Prohibition Act.

2) Heard.

3) The allegations against the petitioner are that he married the defacto complainant by demanding and taking Rs.10,00,000/- as dowry at the instance of other accused and thereafter tortured her to bring additional dowry subjected her to cruelty.

4) A reading of the complaint reveals specific allegations of harassment on the part of the petitioner against the complainant and after investigation on the complaint filed by the complainant, Police filed charge sheet supporting the averments of the complaint.  Since prima facie material on record reveals accusation against the petitioner, proceedings against him cannot be quashed.

5) Learned counsel for the petitioner contends that divorce petition filed by the petitioner was decreed on the ground of cruelty of the wife-second respondent.  But, that itself cannot be sufficient to say that there was no cruelty on the part of the husband-petitioner.

6) However, it is reported by the learned counsel for the petitioner that the petitioner, who is a non-resident of India, has come down to India for facing trial.  In the above circumstances, it is directed that the trial Court shall dispose of C.C.No.415 of 2007 on its file within a period of three months from the date of receipt of a copy of this order as the witnesses cited in the charge sheet are only 8 in number.  A continuous schedule for examination of witnesses shall be fixed and followed.

7) With above direction, the criminal petition is disposed of.

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