Ketha Ramarao v. The State Of A.P

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.3572 of 2017 ORDER:

This petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioners-A1 to A3 in Crime No.13 of 2017 on the file of the Station House Officer, Draksharama Police Station, East Godavari District registered for the offences punishable under Section 498A, 323 and 506 read with 34 IPC. 2.

Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State of Andhra Pradesh.

3.

The petitioners are A1 to A3 and second respondent is de facto complainant in Crime No.13 of 2017. As per the allegations made in the complaint, the petitioners subjected the second respondent to cruelty for additional dowry. It is further alleged that the petitioners beat the second respondent and threatened her with dire consequences. The learned counsel for the petitioners strenuously submitted that the allegations made in the complaint do not constitute any offence much less the offences punishable under Sections 498A, 323 and 506 read with 34 IPC. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation.

4.

It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C., in order to quash the proceedings. The allegations made in the complaint are prima facie sufficient to investigate into the matter.

5.

Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab1, State of Haryana v. Bhajan Lal2, V.Y.Jose V State of Gurajat3 and Teeja Devi v. State of Rajasthan4, I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

6.

The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners-A1 to A3 during the pendency of the investigation. Taking into consideration the nature of the allegations made in the complaint and also the principle enunciated in Arnesh Kumar v State of Bihar5, the Station House Officer, Draksharama Police Station, is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C., in Crime No.13 of 2017 so far as the petitioners-A1 to A3 are concerned.

7.

With the above direction, the criminal petition is disposed of. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.

_________________________ T.SUNIL CHOWDARY, J June 01, 2017.

YS 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC) 5 (2014) 8 SCC 273