Chunduri Lakshman Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.10230 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.1 to A.4 in Crime No.113 of 2015 of N.T.P.C. Police Station, Karimnagar District registered for the offences under Section 498-A I.P.C., and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. A perusal of the record reveals that the petitioners are accused Nos.1 to 4 and the second respondent is the de facto complainant in Crime No.113 of 2015.

4. The case of the prosecution is that the petitioners herein have subjected the second respondent to cruelty for additional dowry. It is further alleged that the petitioners have threatened the second respondent and her family members with dire consequences.

5. The predominant contention of the learned counsel for the petitioners is that the Station House Officer, N.T.P.C. Police Station has no jurisdiction to register and investigate into the matter.

6. While exercising the power under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

7. Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v. [1] [2], I am of the State of Punjab and State of Haryana v. Bhajanlal considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

8. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the investigation.

9. In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar[3], the Station House Officer, N.T.P.C. Police Station, Karimnagar District is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C in Crime No.113 of 2015 so far as the petitioners/A.1 to A.4 are concerned.

10. With the above direction, the Criminal Petition is dismissed.

11. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 02.11.2015 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] 2014 (8) SCALE 250