M.A Aleem, v. The Superintendent Of Police,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.7541 of 2011 ORDER:

This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking to declare the action of the 2nd respondent in making hectic efforts to arrest the petitioner without following amended Criminal Procedure Code, 2010, regarding arrest, as illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent to follow the procedure under Section 41 of Cr.P.C. as amended in 2010 before arresting the petitioner. 2.

Heard and perused the material available on record. 3.

The case of the petitioner is that the marriage of the 3rd respondent with the petitioner took palce on 27.04.2008 and at the time of marriage, a dowry of Rs.50,000/- was given besides 4 tulas of gold and other household articles and since one month after the marriage, the petitioner along with his family members started harassing the 3rd respondent by demanding additional dowry of Rs.3,00,000/-.

4.

The main grievance of the petitioner is that the 3rd respondent lodged a complaint before the 2nd respondent on 28.06.2009 against the petitioner and 5 others and the 2nd respondent registered a case in Crime No.222 of 2009 for the offences punishable under Sections 498(A) IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

5.

Learned counsel for the petitioner submitted that the 3rd respondent was demanding the petitioner to put separate

RE,J W.P.No.7541 of 2011 residence and he was advising her to wait till the marriages of his sisters are performed and, therefore, the 3rd respondent lodged a false complaint.

6.

Considering the grievance of the petitioner and the submissions of the learned counsel for the petitioner, the 2nd respondent is directed to complete the investigation in Crime No.222 of 2009, as expeditiously as possible and file a final report, if any, either way in accordance with law, without arresting the petitioner. The petitioner is directed to appear before the 2nd respondent as and when required for the purpose of investigation. If charge sheet is already filed, then the petitioner is directed to appear before the concerned Court as and when called. 7.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO, J Date: 29th August, 2017 KL

RE,J W.P.No.7541 of 2011 THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.7541 of 2011 Date: 29th August, 2017 KL