Raja Ahmed Baig Mirza v. The State Of Telangana

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.6170 of 2015 ORDER:

Petitioners-A1, A2, A3, A5 and A6 seek quashing of the proceedings initiated against them in Crime No.218 of 2011 of Inthegar Gunj Police Station, Warangal Urban District, registered for the offences punishable under Sections 324, 498-A, 506 read with Section 34 I.P.C., Sections 3 and 4 of Dowry Prohibition Act.

A private complaint was filed by the 2nd respondent herein against the petitioners herein and others for the aforesaid offences before the I Additional Judicial Magistrate of First Class, Warangal and it was referred to the police under Section 156 (3) Cr.P.C. for investigation and report. The Inspector of Police, Inthegar Gunj Police Station registered the complaint as a case in Crime No.218 of 2011 for the aforesaid offences and took up investigation. Eventually, after completion of investigation, the police filed a final report on 31.05.2012 before the trial Court that the case is a false one.

The contention of the learned Counsel for the petitioners is that the first petitioner, who is the husband of the 2nd respondent herein and who is working in Dubai, is likely to come to India for celebrating Ramjan festival along with his family members and that the police may apprehend him since the learned Magistrate has not yet closed the complaint in spite of filing final report by the police as a false

case.

The apprehension of the 1st petitioner is ill-founded. Once the final report is filed by the police, the question of proceeding with the investigation further in the crime does not arise unless directed by the competent Court. However, it is left open for the petitioners to move the Court below for disposal of the case pursuant to the final report filed by the police in the matter.

With the aforesaid observation, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

_________________ M.S.K.JAISWAL, J 13-07-2015 Gsn