Vempa Suresh Babu, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.684 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.1 to A.3 in Crime No.25 of 2016 on the file of the Station House Officer, Penamaluru Police Station, Vijayawada City, Krishna District, registered for the offences under Section 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State.

3. A perusal of the record reveals that the petitioners are accused Nos.1 to 3 and the second respondent is the de facto complainant in Crime No.25 of 2016. It further reveals that the marriage of the second respondent was performed with petitioner No.1 on 05.08.2006 as per Hindu Rites and Caste Custom.

4. As per the allegations made in the complaint, the parents of the second respondent gave Rs.15,00,000/- in cash and 10 tulas of gold to petitioner No.1 towards dowry. It is further alleged that the petitioners have subjected the second respondent to cruelty for additional dowry.

5. A perusal of the record reveals that petitioner No.1 lodged a complaint to the Station House Officer, Tadepalli against the second respondent.

6. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation only. While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to

probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

7. Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v. [1] [2], I am of the State of Punjab and State of Haryana v. Bhajanlal considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

8. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the investigation.

9. Taking into consideration the facts and circumstances of the case, this Court is inclined to direct the Station House Officer, Penamaluru Police Station, Vijayawada City, Krishna District, not to arrest the petitioners/A.1 to A.3 in Crime No.25 of 2016 till completion of the investigation.

10. With the above direction, the Criminal Petition is dismissed.

11. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 25.01.2016 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604