Ayanapudi Soma Shekhar Raju v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN cRIMINAL PETITION NO: 184 OF 2021 Between:

Avanaoudi Soma Shekhar Raiu, S/o. A. Surayanarayana Raju, Aged.31, Occ' Diiver,' R/o. H.No 4-370, Penugunduru Villag'e, KarapaMandal, East Godavari Dist. A.P

...Petitioner/Accused No.1

AND 1 . The State of Telangana, through the station House officer, Alwal.Police Station, Rtwai Ranoa Reddv District. REpresented by Public Prosecutor, High Court of Judicaturel at Hydeirabad, High Court Buildings, Hyderabad, Telangana'

2. A. Nandini, Wo. A. Soma Shekhar Raju, Age. 27 ye.ars, Occ. Housewife, R/o' Plot No. 37126, Panchaseela, Alwal, Cyberabad, Telangana.

...Respondents/ResPondents

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the impugned crime registered vide FIR No. 602 of 2020, dated. ogt11l2o2o U/sec.498-A, 3,4 DPA on the file of Alwal Police Station Allwal Ranga Reddy District.

l.A. NO: 2 OF 2021 Petition under section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings in FIR No. 602 ot 2020, daled.0911112020 U/Sec.498-A, 3, 4 DPA on the file of Alwal Police station Alwal Ranga Reddy District.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Prudhvi Raj Mudunuri, Advocate for the Petitioner and the Assistant Public Prosecutor (TG/AP) on behalf of the ResPondent No.1 .

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.184 OF 2O2l ORDER:

This Criminal Petition under Sectio n 4g2 of the Code of Criminal Procedure, 1973 (for shot ,Cr.p.C.,), is filed seeking to quash the proceedings in Crime.No.602 of 202 1 pending on the file of the Station House Officer, Alwal police Station, R.R.District. The petitioner herein is accused No.1 in the said crime. The offences alleged against the petitioner are under Sections 498-A ofthe Indian penal Code, 1g60 and Sections 3 & 4 of Dowry Prohibition Act, I96 1.

2. Heard the iearned counsel for the petitioner and learned Assistant Public prosecutor lor the respondents Perused the record.

3.

The marriage of the petitioner/ accused No.1 ,a,ith the 2nd respondent was performed in the _vear 20 I 5. The 2,a respondent herein has lodged a complaint on 09. |L2O2O making certain allegations against the petitioner herein. The petitioner herein issued a notice dt.O 1.01.202 1 requesting the 2"a respondent to join and it is for Restitution of Conjugal Rights. The said facts would reveal that there are matrimonial disputes between the petitioner and the 2,d respondent. Considering the said aspects and also the nature of allegations levelled in the compiaint dt.09. I I.2O2O, this Criminai Petition is disposed of directing the Investigal.ing

Officer in Crime.No.602 of 202 1 pending on the file of the Station House Officer, Alwal Police Station, R.R.District, to follow the mandatory procedure contemplated under Section 41-A of Cr.P.C. and also the guidelines issued by the Honble Supreme Court in Arnesh Kumar u. State of Blhart. In the meanwhile, the Police are directed not to arrest the petitioner herein ti1l completion of investigation and filing of final report. '1'he petitioner shal1 cooperate with Investigating Officer in concluding the investigation by furnishing information and submitting documents as sought by the Investigating Officer. Miscellaneous Petitions, pending if any, shall stand closed.

SD/- B. SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The XXlll Metropolitan Magistrate, at Medchal Court, Cyberabad, Medchal District.

2. The Station House Officer, Alwal Police Station Alwal, Ranga Reddy District

3. Two CCs to the Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri Prudhvi Raj Mudunuri, Advocate [OPUC]

5. Two CD Copies MMK ' (20 r4) 8 scc 273

*_i HIGH COURT KLJ DATED:29/0112021 ,i

ORDER

06 FEB 2021 ( z lo lo CRLP,No.184 ot 2021 * DISPOSING OF THE CRIMINAL PETITION c