B.Mahender & Ors. v. The State of A.P

THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No : 2715 of 2007 ORDER : This petition is filed by the Accused 1 to 8 (A-1 to A-8) under Section 482 Cr.P.C for quashing the proceedings in C.C. No.1201 of 2006 on the file of Additional Judicial Magistrate of the First Class, Karimnagar relating to Crime No.225 of 2005 of Woman Police Station, Karimnagar for the offences punishable under Sections 494 and 109 I.P.C. 2) It is alleged that the victim Borlakunta Usha Rani married A-1 on 27.04.1992 and that they have one daughter and one son and that there was harassment of the victim by A-1 and his family members for the sake of additional dowry and case in Crime No.43 of 2000 of Karimnagar II Town Police Station was registered in that regard and that A-1 applied for divorce in Adilabad Court and that A-1 again married A-8, while his marital relationship with the victim has been subsisting and that A-2 to A-7 abetted A-1 to go for bigamous marriage with A-8 knowingly. After registering report of the 2nd respondent as Crime No.225 of 2005, the police investigated the crime and filed charge sheet before the Magistrate. 3) It is contended that A-8 is not bigamous wife of A-1. In this Criminal Petition also, A-8 is described as wife of Srinivasa Rao, whereas A-1’s name is B.Mahender. While so, the 2nd respondent filed another private complaint simultaneously against A-1 to A-8 and another by name Dr.P.Suryanarayana Reddy before the same Magistrate Court for the offences punishable under Sections 494 and 109 I.P.C. The Magistrate after making due enquiry, in which sworn statements of the 2nd respondent and other witnesses were recorded, came to the conclusion that the 2nd respondent could not make out prima facie case against A-1 to A-8 and another for the offences punishable under Sections 494 and 109 I.P.C and dismissed the private complaint in C.F. No.817 of 2006 by the order dated