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High Court for State of TelanganaCRLP/25/2019disposed of no costs

Smt Vijay Bharati v. The State Of Telangana

2019-02-06B.Siva Sankara Rao3 pages

HONOURABLE DR.JUSTICE B.SIVA SANKARA RAO.

CRIMINAL PETITION NO: 2 5 OF 2019 O R D E R :

The petitioners are A-2 and A-3 among three accused in Crime No.706 of 2018 of Women Police Station, D.D. Hyderabad, out-come of the report of second respondent-defacto complainant, who is no other than the wife of A-1, dated 26-12-2018 for the offences punishable under section 498-A, 406 of I.P.C., and section 4 and 6 of Dowry Prohibition Act and impugning registration of the crime under investigation they are seeking to quash the F.I.R. Proceedings same, there are no any sustainable accusations against A-2 and A-3 for any of the offences and registration of the crime keeping pending against them for investigation is nothing but abuse of process of law and liable to be quashed.

2. The counsel for the petitioners reiterated the same, whereas the submission of the counsel for the second respondent-defacto complainant is that the FIR is under investigation stage and there is nothing to quash the proceedings and the petition is liable to be dismissed by left open any of the defences after police file final report from sustainable accusation in the report of the defacto-complainant running in six pages.

3. Heard and perused the material on record.

4. From the perusal of the report, it is not proper to quash the crime proceedings including against the petitioners/A-2 and A-3 but for left open to impugn after police file final report from investigation if at all from no any offence to sustain for the impugnment with Part-II Case

Diary also and pending investigation, the petitioners/A-2 and A-3 shall not be arrested, however, it will not prevent to secure any of their presence for the purpose of investigation and serving written notices by police.

5. With these observations, by left open all defences, this criminal petition is disposed of.

6. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

___________________________ DR . JUSTICE B . SIVA SANKARA RAO 06-02-2019 I s L

HONOURABLE DR.JUSTICE B.SIVA SANKARA RAO.

CRIMINAL PETITION NO: 2 5 OF 2019 [ RESULT : DISPOSED OF ] Circulation No: 100 Date: 06/02/2019 Court Master: I s L