Saila Rakesh Kumar, v. The Public Prosecutor,
HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.802 of 2017 ORDER :
The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') requesting to quash the F.I.R. in Crime No.17 of 2017 of Dornakal Police Station. 2.
Heard Sri Y.V.S.S.Siva Sarma, learned counsel for the petitioners and the learned Additional Public Prosecutor for the State of Telangana.
3.
The petitioners herein are arraigned as A.1 to A.4 in the aforesaid crime and they alleged to have committed the offences punishable under Sections 420, 498-A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act.
4.
The learned counsel has drawn the attention of this Court to the complaint lodged by the de facto complainant, who is the wife of A.1, and also referred to the facts therein. According to the learned counsel, the petitioners have never harassed and never caused illtreatment to the de facto complainant and they are falsely implicated. It is also his submission that the petitioners 3 and 4/A.3 and A.4, who are the sister-in-law and brother-in-law of the de facto complainant, are residing in a difference place and there was no occasion for them to harass the de facto complainant and that itself would clearly reveal that they are roped in a false case foisted against them. 4.
A perusal of the complaint would clearly show, the overt acts attributed to each of the petitioners. It is unnecessary to refer to the
details of such overt acts at this stage. Thus, there are prima facie allegations made out as to the commission of cognizable offences. Therefore, it is not a case where abuse of process can be viewed to quash the F.I.R.
5.
Accordingly, the criminal petition is dismissed at the admission stage itself.
6.
Miscellaneous petitions pending, if any, shall stand dismissed. __________________________ A. SHANKAR NARAYANA, J 3rd February 2017.
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