Gunadala Surendra v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44742 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking a writ of mandamus declaring the action of the 3rd respondent in registering F.I.R. No.53 of 2016 against the petitioners as arbitrary and illegal.

The first petitioner is the husband of 4th respondent and the other petitioners are his family members. Due to the family disputes, on the complaint lodged by 4th respondent, the 3rd respondent registered a case against the petitioners herein in Crime No.53 of 2016 for the offences punishable under Sections 498-A, 506, 323 IPC and Sections 3 & 4 of Dowry Prohibition Act. The grievance of the petitioners is that all the allegations levelled by the 4th respondent are false and the 3rd respondent without ascertaining the genuineness of the same, registered the F.I.R. and proceeding with the investigation and trying to arrest the petitioners. The learned Assistant Government Pleader for Home submitted that since a complaint is lodged by the 4th respondent, the 3rd respondent registered the present F.I.R. in accordance with law. Now, the learned counsel for the petitioners submits that the petitioners are ready to cooperate with the investigation, but, however, they are apprehending arrest and harassment in the hands of 3rd respondent-police.

Considering the facts and circumstances of the case, the 3rd respondent is directed to complete the investigation in Crime No.53 of 2016 without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners are directed to appear before the

3rd respondent-police as and when required during the course of investigation.

Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 21.12.2016.

Tsr