Penumarthi Sri Ramachandra Murthy & Ors. v. Penumarthi Sailaja & Anr.

Penumarthi Sri Ramachandra Murthy and others ..Petitioners Penumarthi Sailaja and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6231 of 2007 Oral order: This petition under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) is to quash the proceedings in C.C.No.605 of 2004 pending on the file of Additional Judicial First Class Magistrate, Gudivada in which the petitioners were arrayed as A2 to A4 for the offence under Sections 498A, 506 r/w 34 IPC. It is not necessary to go into the merits of the case. The CC itself was registered in the year 2004 and on filing the charge sheet the present petition was filed on 22-10-2007 for quashing the proceedings. This Court while issuing notice granted limited stay of trial on 25-10-2007 and it was extended from time to time upto 30-01-2008 only and thereafter, the same was not extended. In the process, the case has been transferred to I Additional Junior Civil Judge, Gudivada and renumbered as C.C.No.602 of 2007, in which the Petitioners 1 and 2 were examined, L.W.3 abated and summons were issued to L.Ws.4 and 5. Meanwhile, petition to recall P.W.2 was filed and the case was posted to 01-10-2010 for further trial. Having regard to the same, petitioners can participate in the trial and seek clean acquittal before the court below. Therefore, it is not desirable to quash the proceedings at this stage. The Criminal Petition is accordingly dismissed. _________________ A.GOPAL REDDY, J. 07-10-2010 Murthy