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High Court for State of TelanganaCRLP/170/2019partly allowed no costs

D.Santosh Kumar v. The State Of Telangana

2019-02-20B.Siva Sankara Rao2 pages

THE HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.170 of 2019 ORDER :

The petitioners are A1 to A6 in Crime No.267 of 2018 of Saroornagar Women Police Station, registered for the offences punishable under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, which is outcome of the report of the 2nd respondent/de facto complainant, who is no other than the wife of A1, daughter in law of A2 and A3, A4 is brother of A1, A5 is sisterin-law of the 2nd respondent and A6 is the husband of A5-sister-inlaw. Heard learned counsel for the petitioners for seeking to quash FIR proceedings and also learned counsel representing the 2nd respondent/de facto complainant and learned Public Prosecutor representing the 1st respondent State. Perused the grounds urged in the quash petition and FIR.

Leave about restitution of conjugal rights husband against the wife stated pending. From perusal of the Telugu type written report dated 15.12.2018 in registration of the crime for the offences supra, but for vague allegations against A2 to A6 without any specific act, incident, day or time as a pre-requisite. The general allegations no way sustain to continue the crime for registration, but for if at all from the investigation any material made out with specific allegations to file charge sheet does not appear.

Having regard to the above, subject to the above observation, the criminal petition is allowed in part by quashing the crime proceedings against A2 to A6 and dismissed in so far as petitioner

No.1/A1 is concerned. It is needless to say that the police shall follow Section 41-A Cr.P.C. so far as petitioner No.1/A1 is concerned.

Miscellaneous petitions pending, if any, shall stand closed. _______________________________ Dr. B. SIVA SANKARA RAO, J 20.02.2019.

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