Back
R. RAGHUNANDAN RAO
Gudipati Mallikarjuna Rao – Appellant
Versus
Gudipati Saranya – Respondent
JUDGMENT
R.Raghunandan Rao, J. - Petitioners are Accused Nos.1 to 4 in C.C.No.567 of 2019 on the file of the I Additional Junior Civil Judge, Narasaraopet for offences under Sections 498-A, 509, 506 r/w 34 of I.P.C.
2. The contents of the complaint and charge sheet are:
The de facto complainant and the 1st petitioner were married on 14.11.2013. Thereafter, they lived together in Vinukonda. The de facto complainant alleges that her husband-1st petitioner, her father-in-law-2nd petitioner, her mother-in-law-3rd petitioner and the sister of her husband, who is the 4th petitioner, had harassed her and mistreated her as if she was a maid servant in the house of her in-laws. The de facto complainant alleges that her husband had an inferiority complex as she was more educated than him. The harassment is said to have been carried out for the purpose of extracting money from her parents. The 1st petitioner's behavior did not change even after delivery of her son on 05.09.2015 and she was sent away to her matrimonial home and neither her husband nor any of her in-laws had bothered to look after her or her son. A specific allegation is made that the son of the de facto complainant had some probl
A complaint filed more than three years after separation of the couple would have to be held to be barred by limitation.
An FIR cannot be sustained if filed past statutory limitations, but the High Court may quash charges based on merits, even post-charge sheet.
Vague or farfetched allegations should be scrutinized, and if found frivolous, they should be quashed. Sections 504 and 506 of the IPC should not be loosely invoked without proper justification.
Where part of overt acts, or at least one instance among overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases.
Point of law : If the allegations themselves are so absurd that no reasonable man would accept the same, the High Court could not have thrown its arms in the air and expressed its inability to do any....
Cognizance of offences under Section 498A IPC is barred by limitation if allegations are not continuous; sanction under Section 188 Cr.P.C. is required only if the offence is committed entirely outsi....
A girlfriend cannot be deemed a relative under Section 498A, and without specific allegations, there is no prima facie case for stalking, mischief, or intimidation against the petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
