Telangana High Court

CRLP/13981/2011 of Malisetty Pavan Kumar Vs The State of AP., Through SHO., on 29 December 2011

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SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.13981 OF 2011 ORDER:- Heard. In view of the fact that the relationship between the petitioner and the de facto complainant is not in dispute and the allegations with regard to the offence under Section 498- A of the Indian Penal Code

THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO

CRIMINAL PETITION No.13981 OF 2011

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ORDER:-

Heard.

In view of the fact that the relationship between the petitionerand the de facto complainant is not in dispute and the allegations withregard to the offence under Section 498-A of the Indian Penal Code(for short, 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act areto be decided only after taking evidence, it is not a case for quashing ofthe proceedings at this stage.

However, the learned Sessions Judge is to consider whetherthe offence under Sections 306 read with 511 IPC is applicable sincethe harassment or cruelty are consequently covered under thedefinition of Section 498-A IPC. If one attempts to commit suicide andfails the offence being against the said person is 309 IPC, theSessions Judge is, therefore, to decide whether the case can be triedas a Sessions Case or not and as to whether the offence underSection 306 read with 511 IPC is applicable.

With the above direction, the Criminal Petition is disposed of.

Date: 29-12-2011INL/MR

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JUSTICE N.R.L. NAGESWARA RAO

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