Masade Lakshmi Lakshmi Narayana v. State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2343 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner-accused No.2 seeking to quash the proceedings in FIR No.9 of 2016 on the file of IV Town Police Station, Vasakhapatnam, registered for the offences punishable under Sections 498-A IPC and 3 & 4 of the Dowry Prohibition Act. Heard and perused the material available on record. The de facto complainant is the wife of the A1. Their marriage was performed in the year 2008. The petitioner is the brother of A1. The allegation against the petitioner is that he along A1 and other family members harassed the de facto complainant demanding additional dowry and they performed another marriage to A1. The truth or otherwise of the said allegations can be ascertained by the investigating agency during the course of investigation.

Therefore, this Court is not inclined to interfere with the proceedings against the petitioner in the above crime. At this stage, learned counsel for the petitioner submitted that in view of the pendency of the above crime, the petitioner apprehends arrest and also the harassment in the hands of police.

In view of the above submission, the police concerned are directed to complete the investigation without arresting the petitioner and file a final report, if any, in accordance with law. The petitioner is directed to appear before the Investigating Agency as and when his presence is required, and cooperate with the Investigating Agency. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending if any, shall stand closed.

______________ RAJA ELANGO, J February 25, 2016.

KTL