MUNNURU SHOBHA Vs. S. MOHAN RAO AND ORS.

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C., to quash the order dtd. 8/5/2018 passed in Crl.M.P.No.15 of 2018 in C.C.No.896 of 2015 by the XXI Metropolitan Magistrate, Cyberabad, Medchal, Ranga Reddy District, dismissing the petition filed under Sec. 284(1) Cr.P.C. for recording evidence of de-facto complainant through video conference or by the mode of skype in the light of the judgment of the Apex Court in State of Maharashtra vs. Praful B. Desai,2003(1) ALD Crl.848 SC.

(2.) It is alleged in the petition that on the complaint filed by petitioner/de-facto complainant against A1 to A4, which is the subject matter of Cr.No.843 of 2014 registered for the offence under Sec. 498-A IPC and under Ss. 3 and 4 of Dowry Prohibition Act, the police filed a final report and closed the case due to lack of evidence. Thereafter, the petitioner filed a protest petition and after considering the said petition, the Magistrate issued summons to A2 and A3 by splitting up the case against A4 and A5 as they are residing at United States of America and subsequently, charges were framed. Now, the case is coming up for the evidence of de-facto complainant. It is stated that since the petitioner is working as Software Engineer from February, 2012 in USA and her HIB visa is currently under process before the concerned Embassy, she is not in a position to move from the country and therefore, she requested to record her evidence by video conference or skype.

(3.) Respondents 2 and 3/A2 and A3 filed counter denying the material allegations, inter alia, contending that the petition is not maintainable either in law or on facts and that though the petitioner pleaded that her HIB visa is under process before the concerned Embassy and filed a letter on 2/1/2018, she failed to file any document to prove the same and that the petition is filed only to drag on the proceedings and requested to dismiss the petition.