LAWS(APH)-2010-6-89

DURTHATI VIJAYA KUMARI Vs. STATE OF ANDHRA PRADESH

Decided On June 24, 2010
DURTHATI VIJAYA KUMARI Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THIS criminal petition is filed by one Durthati Vijaya Kumari-de facto complainant under Section 482 Cr.P.C to quash the proceedings in Cr.No. 182 of 2004 of V Town Police Station, Visakhapatnam.

(2.) THE brief facts of the case are as follows: THE petitioner / de facto- complainant lodged a report with the police on 22.7.2004 against the respondents 2 to 6/A1 to A5 under Sections 498-A, 494 IPC and 3 and 4 of the Dowry Prohibition Act. Subsequently, the police filed charge-sheet deleting the names of A2 to A5 and the learned Magistrate took cognizance of the offence only against A1 on 4.10.2004 and the case was numbered as CC No.972 of 2004 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam.

(3.) THE provisions of Section 482 Cr.P.C are intended to prevent miscarriage of justice and also curtail the abuse of process of Court. Here is a case where according to the petitioner / de facto- complainant she only came to know about the omitting the respondents/A2 to A5 from the charge-sheet, after four years on receiving summons form the Court to give evidence. THE said statement is highly unconvincing.