Shaik Mohammed Samee v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6903 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "To issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the Respondents No.3 & 4 in interfering with the matrimonial affairs of the Petitioner as illegal, arbitrary, unconstitutional and against to the principles of natural justice and to pass such other and further orders as the Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Written instructions dated 10.03.2016 were furnished by the Station House Officer, Kurnool Mahila Police Station, Kurnool District, to the office of the learned Government Pleader for Home, wherein it is stated that upon the complaint made by the petitioner's wife, the fifth respondent herein, Crime No.9 of 2016 was registered on the file of the Mahila Police Station at Kurnool under Sections 498A and 307 IPC r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The investigation was stated to have been taken up.

3. In the light of the afore-stated facts, the petitioner cannot complain of police interference in his matrimonial affairs. Needless to state, the police authorities shall abide by the due procedure laid down by law in the course of investigating the Crime and taking steps thereon.

Subject to the above observation, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed in the light of this final order. No order as to costs.

______________________________ JUSTICE SANJAY KUMAR March 28, 2016 LMV