Naligeti Raju And 5 Others v. The State Of Telangana And Another

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9639 of 2017 ORDER :

Heard the learned counsel for the petitioners/ A1 to A6 of Crime No.175 of 2017 of Godavarikhani II Town Police Station, registered for the offences punishable under Sections 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act and the learned Public Prosecutor representing the State before ordering notice to respondent No.2/ de facto complainant and perused the grounds urged in the Criminal Petition and the other material on record.

The main contention that even after the earlier case covered by Crime No.126 of 2016 registered for the offences punishable under Sections 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, from the police investigation filed final report that was taken cognizance by the learned Judicial First Class Magistrate, Godavarikhani, allotted C.C.No.2 of 2017 and after contest ended in acquittal by judgment dated 22.02.2017, however, a false case is filed for the self same offence and there is a bar under Section 300 Cr.P.C. A perusal of the present report particularly from the last half middle clearly indicates that it is through elders with a pretense of compromise cause hostility in evidence and get an

acquittal judgment and after the acquittal judgment supra by allowing her to join in the marital life treated for one month well and later, the accused reverted the old conduct and ill-treated and harassed. Thus, there is differently a subsequent cause of action, thereby, on that ground there is nothing to hold that the crime proceedings are liable to be quashed, much less, from the bar of Section 300 Cr.P.C.

Accordingly, the Criminal Petition is disposed of, directing the Police not to arrest the petitioners pending investigation. However, it will not prevent the Police to secure the petitioners for the purpose of investigation as and when required. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:13-10-2017 pab