9.07.2023 Srk vs Unknown
2023 Latest Caselaw 3558 AP

               HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO:       Crl.P.No.5033 of 2023
                       PROCEEDING SHEET
Sl.                                                                       OFFIC
No.     Date                           ORDER                                E
                                                                          NOTE
1.    19.07.2023 SRK,J
                       Learned     Special      Assistant        Public
                 Prosecutor takes notice on behalf of 1st
                 Respondent      and    seeks     time      to     get

instructions.

Issue notice to respondent No.2.

Learned counsel for the petitioner is permitted to take out personal notice to Respondent No.2 by Registered Post with Acknowledgment Due and file proof of service within a period of three (3) weeks.

A perusal of the material on record goes to show that marriage of the petitioner herein was performed with A1 on 13.10.2004 at Tirupathi. Originally, the marriage of the A1 was performed with PW14/Rekhareddy Vemula. Thereafter, due to disputes between A1 and PW14, divorce took place between them on 30.06.2006 in the Court of United States of America. Thereafter, in pursuant to the divorce being granted, marriage of A1 2 SRK,J Crl.P.No.5033 of 2023

was performed with the petitioner herein. After lapse of one year, since there were disputes between A1 and PW14, PW2 who is the father of PW14 filed a complaint as against the petitioner herein and others for the offences punishable under Sections 498A, 406, 494 r/w 109 IPC and Sections 4 and 6 of the Dowry Prohibition Act. Police after conducting investigation filed charge sheet as against A1 to A6. Since A1 and A2 were residing in United States of America, the case against them was split up. Since the case was split up as against A1 and A2, Learned Special Judicial Magistrate of First Class for trial of cases under A.P.Prohibition and Excise Act-cum-III Additional Junior Civil Judge, Ananthapuramu has tried A3 to A6 in C.C.No.197 of 2015. By its Judgement dated 10.08.2018, the learned Magistrate acquitted A3 to A6 for the offences alleged against them. Thereafter, PW2 filed an appeal in Crl.A.No.102 of 2018 on the file of the learned Family Court-Cum-VII Additional District and Sessions Court, Anantapuramu. On 05.05.2022, the appellant Court passed Judgment stating that "since long time there is no representation for the appellant.

    Respondent is absent.          Petition filed and
 3                                                      SRK,J
                                               Crl.P.No.5033 of 2023



    allowed.       So therefore, it is the considered

opinion of the Court the appellant is not interested to prosecute his case. Hence, the appeal is dismissed for default".

If at all any evidence is to be let in, the evidence let in C.C.No.197 of 2015 has to be taken into account. By considering the evidence, the learned Magistrate acquitted the case against A3 to A6 filed by the father of PW14. Since the father of PW.14 did not attend the Court, and on that ground, the case was dismissed for default in the Crl.A.No.102 of 2018. When the matter stood thus, the petitioner herein has come to India since the LOC which was issued by the prosecution is pending and by virtue of the same, the petitioner herein has been arrested. C.C.No.198 of 2015 on the file of the learned Special Judicial Magistrate of First Class, Excise Court, Ananthapuramu is pending as the case was split up against A1 and A2. This Court is of the view that since the same evidence has to be let in as against the petitioner herein, there is no purpose in allowing the petitioner herein to undergo the rigmarole of the entire ordeal of trial as there is absolutely no material as against the 4 SRK,J Crl.P.No.5033 of 2023

petitioner herein to convict the petitioner herein.

In the view of the aforesaid facts and circumstances, there shall be an interim stay of all further proceedings, including appearance of the petitioner herein, in C.C.No.198 of 2015 on the file of the learned Special Judicial Magistrate of First Class, Excise Court, Ananthapuramu for a period of eight (8) weeks. Because of the said case the petitioner was not permitted to go abroad, her passport was seized and kept in the Court. Hence, the learned Special Judicial Magistrate of First Class, Excise Court, Ananthapuramu is directed to return the passport to the petitioner herein on making an application within a period of two (2) weeks from the date of receipt of a copy of this order and pass appropriate orders to permit the petitioner herein to go abroad on conditions in accordance with law.

Post after six (6) weeks.

______ SRK,J ASR