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High Court for State of TelanganaWP/33121/2012closed no costs

Syed Jameer, v. State Of Andhra Pradesh,

2015-07-14Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33121 OF 2012 DATED: 14.07.2015 Between:

Syed Jameer and others .. Petitioners And State of Andhra Pradesh, Rep. by its Principal Secretary to Home Department, Hyderabad, and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33121 of 2012 ORDER:

The grievance of the petitioners in this case was that the police authorities were insisting upon their appearance before them in connection with Crime No.20 of 2012 on the file of Kovvur Rural Police Station, West Godavari District, though their names were deleted from the array of accused therein.

Relying on the written instructions dated 02.07.2015 received from the Assistant Sub-Inspector of Police, Kovvur Rural Police Station, the learned Assistant Government Pleader for Home informed this Court that one Syed Fredhosh lodged a complaint stating that her marriage was performed with one Akbar Ali and that her husband and his family members thereafter harassed her mentally and physically for additional dowry. Basing on the said complaint, Crime No.20 of 2012 was registered under Sections 498-A and 506 I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961. The said Akbar Ali and others, including the petitioners herein, were shown as the accused therein.

Upon investigation, the police however found that a prima facie case was established only against the complainant's husband, Akbar Ali. The offence against accused Nos.2 to 6 was not established and their names were accordingly deleted. The names of the petitioners herein were thus deleted from the array of the accused. After completion of the investigation, a charge sheet was filed before the learned II Additional Judicial Magistrate of First Class, Kovvur, vide C.C.No.681 of 2014 against the husband of the complainant. The learned Assistant Government Pleader stated that the petitioners, instead of co-operating with the investigation, filed the present writ petition with baseless allegations.

In the light of the afore-stated developments, it is clear that the presence of the petitioners in connection with Crime No.20 of 2012 is no longer warranted as the case has already reached the competent criminal court.

In that view of the matter, no orders need to be passed in this writ petition, which is accordingly closed.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 14th July, 2015 IBL