LAWS(APH)-2007-12-21

PALLAPOLU KISHOR BABU Vs. STATE OF A P

Decided On December 28, 2007
PALLAPOLU KISHORE BABU Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THIS petition is filed under Section 482 cr. P. C. assailing the order dated 17-07-2007 passed in C. F. R. No. 3337 of 2007 in C. C. No. 368 of 2001 on the file of the Additional judicial Magistrate of I Class, Kandukur, wherein the learned Magistrate allowed the memo filed by the prosecution partly and directed framing of additional charge against a-1 to A-3 for the offence under Section 4 of dowry Prohibition Act (for short 'the Act" ).

(2.) HEARD the learned counsel for the petitioners and the respondents. Perused the records.

(3.) THE 2nd respondent gave a complaint to the police against the petitioners-A-1 to A-3 and the same was registered as FIR for the offence under Section 498-A IPC. After investigation, the police filed a charge sheet against the petitioners-A-1 to A-3 and the learned Magistrate has taken cognizance in c. C. No. 368 of 2001. During the course of trial, the Assistant Public Prosecutor filed memo in c. F. R. No. 3337 of 2007 to add additional charges under Sections 3 and 4 of the Act in view of the evidence of P. Ws. 1 to 3 that the accused received dowry at the time of marriage and demanded additional dowry. Learned magistrate after hearing both sides, allowed the said memo and directed framing of additional charge under Section 4 of the Act. Aggrieved by the same, the accused filed the present petition.