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High Court for State of TelanganaWP/42560/2016disposed of no costs

A.Phani Kumar S/O Adinarayana v. The State Of Telangana, Rep By Its

2016-12-07Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42560 of 2016 ORDER:

The present writ petition is filed by the petitioner seeking to quash the FIR No.187 of 2016 on the file of Women Police Station, Begumpet, Hyderabad, registered against the petitioner for the offences under Sections 498-A and 506 IPC and 4 & 6 of the Dowry Prohibition Act. Heard and perused the material available on record. The case in brief is that the de facto complainant - 6th respondent is the wife the 1st petitioner. The allegation against the petitioner is that he, along with his family members, harassed the de facto complainant demanding additional dowry.

The grievance of the petitioner is that he never harassed the de facto complainant demanding additional dowry and that with false allegations, the de facto complainant filed the present case and that the respondents 4 and 5 are frequently calling the petitioner to the police station for counseling and also threatening them to arrest. The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioner and others, and the respondents are investigating into the matter in accordance with law.

The petitioner filed this writ petition challenging the investigation in the above crime. Even though this Court is not inclined to interfere with the investigation in the above crime, taking into consideration the facts and circumstances of the case, without going into the merits of the

case, this Court is of the view that the above crime can be investigated into, without arresting the petitioner.

Accordingly, the 5th respondent is directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioner. The petitioner is also directed to appear before the investigating officer concerned and execute personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) with one surety for the like sum for his future appearance as and when required for the purpose of investigation. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J December 07, 2016.

KTL