BANDELA SITARAM PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) The point that arises for determination in this petition filed under Section 482 of the Code of Criminal Procedure (Crl.P.C.) is whether the proceedings against the petitioners in C.C.No. 302 of 2007 on the file of the Court of the II Additional Judicial First Class Magistrate, Tanuku, West Godavari District (JFCM Court) should be quashed. The second respondent herein is admittedly the wife of the first petitioner. Their marriage took place on 24-4-2002 at Dwaraka Tirumala in West Godavari District. Petitioners 2, 3 and 4 herein are the brothers of the first petitioner and all the four of them are A-1 to A-4 in the aforesaid C.C.No. 302 of 2007.

(2.) The second respondent herein filed a private complaint against all the four petitioners in the JFCM Court and the learned Magistrate referred it to Undrajavaram Police Station under Section 156(3) Cr.P.C. investigation and report. It is seen that the said police investigated the matter as Crime No. 79 of 2007 of the said police station and ultimately filed charge sheet against the petitioners herein under Sections 498-A and 406 IPC.

(3.) Sri S.R. Sanku, the learned counsel for the petitioners pointed out that a perusal of the charge sheet and the Section 161 Cr.P.C. Statements of the witnesses especially the de facto complainant would not disclose any offence against all the four petitioners and therefore the proceedings against them should be quashed. Alternatively he pointed out that the record in the matter would not disclose any offence at all against the petitioners 2 to 4 who happened to be the elder brothers of the first petitioner and consequently the proceedings against them should be quashed.