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2006 Supreme(AP) 536

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
RAMESH RANGANATHAN, J.
Penugonda Sreenivasa Reddy and others
Vs
Penugonda Prameela and another
Crl.R.C.No.983 of 2002 and Crl.P.No.107 of 2003
Decided on : 21-04-2006

Advocates Appeared:
Mr. C.Praveen Kumar, Counsel for the Petitioners in Crl.R.C.No.983/2002 and for Respondent 4 to 9 in Crl.P.No.107/2003.
Mr. K.Rathanga Pani Reddy, Counsel for the Respondent (in Crl.R.C.No.983/2002 and for the Petitioners in Crl.P.No.107/2003.
Public Prosecutor for Respondent No.2 in Crl.R.C.No.983/2002 and for Respondent No.10 in Crl.P.No.107/2003.

Headnote:

Indian Penal Code, 1860 - Section 494 - Scheduled Castes and Scheduled Tribes Act, 1989 - Section 3(1)(x) - Dowry Prohibition Act - Sections 3 and 4 - Criminal Revision Case - Criminal Revision Case is filed, by Accused 1 to 3 in C.C. before the Judicial Magistrate of I Class, , against the order of the I Additional District and Sessions Judge, in Crl.R.P, to the extent the learned Sessions Judge took the case on file against A-1 to A-3 for the offence punishable - Held, Learned Sessions Judge has erred in examining the merits of the allegations - Learned Magistrate, on the other hand, has totally ignored these allegations in coming to the conclusion that accused Nos. 5 to 9 could not be charged of an offence under Section 494 IPC - In the face of the aforesaid allegations, in the complaint, it was for the learned Magistrate to examine as to whether accused Nos.5 to 9 should also be charged of an offence under Section 494 IPC - While learned Counsel for the petitioner, would seek a direction in this regard, these are all matters for the learned Magistrate, in his discretion, to determine and not for this Court to substitute its discretion for that of the learned Magistrate - It is no doubt true that the decision, as to whether the process should be issued or not, is for the Magistrate, in his wisdom to arrive at and not for this Court to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would end in the conviction of the accused - Discretion which is conferred on the Magistrate is, however, to be judiciously exercised and when it is clear that the Magistrate has not judiciously exercised the discretion conferred on him, the order passed is required to be set aside requiring the Magistrate to re do the exercise - Petitions disposed of. (Paras 37, 38)

ORDER

Criminal Revision Case No. 983 of 2002 is filed, by Accused 1 to 3 in C.C. No. 24 of 2001 before the Judicial Magistrate of I Class, Kurnool, against the order of the I Additional District and Sessions Judge, Kurnool in Crl.R.P.No.25 of 2001 dated 01-07-2002, to the extent the learned Sessions Judge took the case on file against A-1 to A-3 for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

2. Criminal Petition No. 101 of 2003 is filed by Smt. Penugonda Prameela, the complainant in C.C.No.24 of 2001, against the order of the I Additional District and Sessions Judge, Kurnool in Crl.R.P.No.25 of 2001 to the extent the learned Sessions Judge held that there was no material to take the case on file, against A-4 to A-9, for the offence under Section 494 IPC and under Section 3(1)(x) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Parties shall hereinafter be referred to as they are arrayed in Criminal Petition No.107 of 2003. In her complaint filed in C.C.No.24 of 2001, for offences under Section 494 and 498-A IPC, Sections 3 and 4 of the Dowry Prohibition Act and Section 3(1)(x) and (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, the petitioner herein alleged that she is a member of the Scheduled Caste and a graduate in Nursing, that she was living at her parents' house in Kurnool and was working as a tutor at the Adarsha Nursing Home, Kurnool. It is alleged that accused No.1 was running a telephone booth and belonged to the forward community. The complainant and the 151 accused are alleged to have fallen in love and the 151 accused to have written a letter to the complainant expressing his love for her and his preparedness to marry her. It is alleged that they got married on 24-04-1997 as per Hindu rites at Manthralayam. The marriage was consummated and the complainant and the accused lived together, as wife and husband at house bearing No.41A of Lecturers colony, Kurnool. It is alleged that the marriage, of the 1st accused with the complainant, could not be digested by the parents of the 1st accused i.e., the 2nd and 3rd accused. The complainant would allege that accused Nos.2 and 3 demanded dowry from her and her parents, as a result of which her parents gave ten tolas of Gold, a Yamaha Motor Cycle worth Rs.40,000/- and cash of Rs.2,00,000/- as dowry. According to the complainant she gave birth to a male child through the 1st accused in March 1998. She would allege that her married life and delivery hampered her chances of employment, which was to the disappointment of the 2nd and 3rd respondents herein (accused 2 and 3). Added to it, the caste factor also haunted them again when alliances came for the accused for a second marriage. Accused 1 to 4 are alleged to have started harassing the complainant physically and mentally. The accused are said to have ill-treated and abused her on caste lines and in a filthy language. The complainant would allege that the harassment meted out to her by the 1st accused was noticed by their neighbours and that the panchayat elders had advised the accused not to harass the complainant. Accused No.1 to 3 are alleged to have pressurized the complainant to give her consent to the second marriage of the first accused and to have impressed upon her that, even after the second marriage, they would look after her well. The 1st accused is said to have married the 4th accused on 27-08-1999, to have kept the minor son of the complainant elsewhere and to have thereby secured her presence at the venue of the second marriage. It is alleged that the complainant, under mixed feelings of threat, sorrow and tension had attended the Kalyana Mandapam having no knowledge about the preparations for the second marriage, that the second marriage of the 1st accused was performed with the 4th accused in the presence of the complainant, that accused No.5 to 9, who

































































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