Mr. Nihad Salim Haji v. Mrs.Afsana Banna

HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No. 7117 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No.193 of 2016 on the file of the Station House Officer, Women Police Station, CCS,DD, Hyderabaed, registered for the offences punishable under Sections 498-A IPC read with Sections 4 and 6 of the Dowry Prohibition Act.

Heard the learned counsel appearing for the petitioners/accused 1,2 &3 and the learned Additional Public Prosecutor, representing the State. Notice sent to the first respondent was not claimed. In view of the same, it is deemed that notice is served on the first respondent. It is clear from the record that specific allegations were made against the petitioners in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/accused 1,2 and 3 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioners/accused 1,2 & 3 shall appear before the investigating agency as and when required during course of investigation.

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 3RD AUGUST, 2016.

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