High Court for State of TelanganaWP/40242/2016disposed of no costs

M.Leelavathi, v. The State Of Andhra Pradesh,

2016-11-22Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40242 of 2016 ORDER:

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to call for the records relating to Crime No.53 of 2016 on the file of Kundurpi Police Station, Kundurpi Mandal, Anantapur District, and consequently, quash the proceedings against her.

Heard and perused the material available on record. The allegation against the petitioner is that she harassed her daughter-in-law (deceased), due to the abatement made by the petitioner, the deceased committed suicide by hanging. The grievance of the petitioner is that she is innocent of the allegation made against her and that subsequent to the marriage, the deceased left her matrimonial house and went to her parents place and filed a case under Section 498-A implicating all the family members, and that she is a government employee, in case of her arrest, she may put to irreparable loss.

Learned Assistant Government Pleader for Home, submitted that basing on the compliant against the petitioner, the above crime is registered and the police concerned are investigate the matter in accordance with law.

The petitioner filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the investigation. However, taking into consideration the facts and circumstances of the case, without going into the merits of the case, this

Court is of the view that the investigation can be completed without arresting the petitioner.

Accordingly, the respondents 2 and 3 are directed to complete the investigation and file a final report in the above Crime, in accordance with law in either way, without arresting the petitioner. The petitioner is also directed to appear before the investigating officer concerned and execute a personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) with one surety for the like sum, for his appearance before the investigation officer concerned, as and when required for the purpose of investigation.

With the above directions, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________ RAJA ELANGO, J November 22, 2016.

KTL