Tejpal Mittal v. The State Of Telangana.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9187 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/A2 and A3 under Section 482 Cr.P.C seeking to quash the proceedings in F.I.R.No.439 of 2015 of Mailardevpally Police Station, Ranga Reddy District, registered for the offences punishable under Sections 498-A, 406, 420 and 506 I.P.C. and 3 of the Dowry Prohibition Act, which is out come of private complaint of the 2nd respondent-de facto complainant, wife of A1 and daughter-in-law of A2 and A3, that was forwarded for police investigation under Section 156(3) Cr.P.C. by the learned Magistrate from which the crime registered and pending investigation.

Heard the learned counsel for the petitioners and the learned Public Prosecutor for the State before notice to respondent No.2 and before admission.

It is the submission of the learned counsel for the petitioners that the allegations made in the lengthy private complaint are engineered with vengence without any substance much less any specific accusation of any specific date but for saying all acts against husband only as if A2 and A3 instigated without even mentioned in what manner their alleged instigation to make out, thereby proceedings are liable to be quashed.

Perused the material on record. A perusal of the material requires investigation of the case by the police who have undertaken ordeal already and the material falls short for this Court to admit the application at this stage. Hence, the criminal petition is disposed of giving liberty to the petitioners to surrender before the learned Magistrate concerned and move for regular bail

with notice to the Additional Public Prosecutor and in such an event the learned Magistrate shall hear and grant bail on the same day with necessary conditions. The presence of accused pending investigation at post bail stage, before learned Magistrate can be dispensed with. Further remedies are left open in the event of police filing final report and cognizance taken by learned Magistrate.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:01-10-2015 pab