MIRIYALA DIVYA Vs. GOVT. OF A.P.

JUDGEMENT

(1.) ACCUSED Nos. 1, 2, 3, 4, 6, 7, 8, 9 in C.C. No. 147 of 2010 on the file of VII Additional Sessions Judge (FTC), Guntur have filed these two Criminal Petitions seeking to quash the proceedings against them.

(2.) SINCE both the criminal petitions arise out of the same calendar case, I am inclined to dispose of these petitions by this common order.

(3.) EESA Agnes (hereinafter referred to as the deceased) married A.1 against the will and wish of her parents. She died on 10.08.2008. On 16.11.2008 the mother of the deceased by name Smt. Kattepogu Indira Devi (hereinafter referred to as the de -facto complainant) lodged a complaint with the Station House Officer, Mangalagiri Police Station, alleging that A.1 married A.2 on 04.07.2008 during the subsistence of valid marriage of A.1 with the deceased. It is further alleged that on 14.10.2008, A.1 obtained second marriage certificate with an intention to screen away the evidence in relation to the marriage of A1 with A2 performed on 04.07.2008. It is further alleged that the deceased was subjected to cruelty for additional dowry. Thereupon, the Station House Officer, Mangalagiri Town Police Station registered a case in Cr. No. 271 of 2008 for the offences punishable under Sections 498 -A, 494, 420 and 201 r/w. 34 of IPC against the petitioners. After completion of investigation, the investigating officer laid charge sheet against the petitioners under 468, 201, 498 -A, 498 -A, 494 and 420 r/w. 34 of IPC. The learned Additional Judicial Magistrate of I Class, Mangalagiri, after careful scrutiny of the material available on record, has taken cognizance of the offences under Sections 498 -A, 494, 468, 201 and 420 read with 34 of IPC against the petitioners and numbered the charge sheet as C.C. No. 147 of 2010. Subsequently, the matter was transferred to the VII Additional Sessions Judge Court (FTC), Guntur as per the orders of the District Court, Guntur.