V. Srikanth Reddy, v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.179 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash the proceedings in Crime No.44 of 2016 of Women Police Station, Tirupati, Chittoor District against the petitioner.

2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.2 filed a private complaint against him before the IV Additional Judicial Magistrate of First Class, Tirupati, Chittoor District and the same was referred to the police for investigation under Section 156(3) Cr.P.C.; that respondent No.2 registered the same as the aforementioned crime for the offence punishable under Section 498-A IPC; that the complaint does not contain any incriminating material; that he never did any criminal activities and respondent No.2 is trying to arrest him 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 petitioner and respondent No.2 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioner and in view of the fact that the petitioner is ready to co-operate with the investigation, without expressing any opinion on merits, respondent No.2 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 petitioner. The petitioner is directed to appear before respondent No.2 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 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 03.01.2017 YVL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.179 OF 2017 Date: 03.01.2017 YVL