Mr. Syed Umar Siraj v. Mrs. Syeda Abhiha Fatima

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 6748 of 2019 ORDER:

This Criminal Petition, under Section 482 Cr.P.C. is filed by the petitioners/accused Nos.3, 4 and 6 seeking to quash the proceedings against them in Crime No.481 of 2019 of Women Police Station, D.D., Hyderabad, registered for the offences punishable under Sections 498-A, 406, 506, 323 and 509 I.P.C and Sections 4 and 6 of the Dowry Prohibition Act, 1961. 2.

Though the learned counsel for the petitioners filed the present petition for quashing of investigation in the above Crime, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1. At this stage, the learned Additional Public Prosecutor would submit that notice under Section 41-A Cr.P.C. has already been issued to the petitioners.

3.

Since the petitioners have already been issued notice under Section 41-A IPC, the petitioners are directed to comply with the said notice as per the directions of the Apex Court as set out in Arnesh Kumar case (supra). However, no coercive steps shall be taken against the petitioners/accused Nos.3, 4 and 6 till filing of the final report.

1 AIR 2014 SC 2756,

4.

Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ______________________ JUSTICE G. SRI DEVI Date: 25.10.2019 YVL

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 6748 of 2019 Date:25.10.2019 YVL