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2011 Supreme(UK) 478

S.S.NIJJAR, CYRIAC JOSEPH, ALTAMAS KABIR
THOTA VENKATESHWARLU – Appellant
Versus
STATE OF A. P. TR. PRINCL. SEC. – Respondent


For the Petitioner:Mr. G.V.R. Choudary, Mr. K. Shivraj Choudhuri, Mr. A. Chandra Sekhar, Advocates
For the Respondents:Mr. D. Mahesh Babu, Ms. Sawita, Mrs. D. Bharathi Reddy, Mr. P. Venkat Reddy, Mr. Anil Kumar Tandale, Advocates

JUDGMENT

Altamas Kabir, J. — This Special Leave Petition is directed against the judgment and order dated 27th August, 2008, passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Petition No.3629 of 2008 dismissing the Petition filed by the Petitioner under Section 482, Criminal Procedure Code (Cr.P.C.’ for short) for quashing the proceedings in Complaint Case No.307 of 2007 pending before the Additional Munsif Magistrate, Addanki. This case raises certain interesting questions of law and to appreciate the same, some of the facts are required to be reproduced.

2. The Petitioner, Thota Venkateswarlu, was married to the Respondent No.2, Parvathareddy Suneetha, on 27th November, 2005, as per Hindu traditions and customs in the Sitharama Police Kalyana Mandapam, Ongole, Prakasam District, Andhra Pradesh. At the time of marriage Rs. 12 lakhs in cash, 45 sovereigns of gold and Rs. 50,000/- as Adapaduchu Katnam is alleged to have been given to the Accused Nos. 1 to 4, who are the husband, the mother-in-law and other relatives of the husband. According to the Respondent No.2, the Petitioner left India for Botswana in January 2006 without taking her along with him. However,



















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