Challa Salamma, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42617 of 2016 ORDER:

The present writ petition is filed by the petitioners seeking to call for the records relating to FIR No.8 of 2016 on the file of Vinukonda Town Police Station, Guntur, registered for the offence under Section 304-B IPC, and consequently, quash the same.

Heard and perused the material available on record. The case in brief is that the daughter of the 4th respondent is the daughter-in-law of the petitioners 1 and 2, and she committed suicide by hanging at Vinukonda, Guntur District, where she is residing along with her husband. Then, the son of the petitioners 1 and 2 took the dead body to his village, and therefore, on the report of the VRO, a case in Crime No.122 of 2015 was registered and thereafter, after recording the statement of the mother of the deceased i.e. the 4th respondent, the case was transferred to the Vinukonda Police, which was registered as Crime No.8 of 2016, against the petitioners and the husband of the deceased, for the offence under Section 304-B IPC.

The grievance of the petitioners is that their son and the deceased are living away from the place of the petitioners, and they never harassed the deceased and only basing on the statement of the mother of the deceased, they are implicated in the case. The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioners and another, and the respondents are investigating into the matter in accordance with law.

The petitioners 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 petitioners. Accordingly, the respondents 2 and 3 are directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioners. The petitioners are also directed to appear before the investigating officer concerned and execute personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) each with one surety for the like sum each for their 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