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High Court for State of TelanganaWP/23/2017disposed of no costs

Tasneem Sultana, v. The State Of Telangana, Rep. By Principal Secretary

2017-01-03Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.23 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India praying to declare the action of respondent No.3 in not following the guidelines issued by the Hon'ble Supreme Court of India as laid down in the case of "Arnesh Kumar" and also not following the procedure under Section 41-A of the Code of Criminal Procedure as illegal and arbitrary.

2.

Heard and perused the material on record.

3.

Case of the petitioners is that respondent No.4 filed a false complaint against them before respondent No.3 and the same was registered as F.I.R.No.700 of 2016 for the offences punishable under Sections 498-A and 406 I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act, 1961; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.3 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, respondent No.3 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in

accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before respondent No.3 and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the like sum each for their appearance as and when required for the purpose of investigation.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 3.1.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.23 OF 2017 Date: 3.1.2017 AMD