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High Court for State of TelanganaWP/35689/2016disposed of no costs

Gugloth Balu, v. State O F Andhra Pradesh, Rep.By Ats Principal Secretary,

2016-10-21Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35689 of 2016 ORDER:

This writ petition is filed seeking to declare the action of the 2nd respondent in registering the FIR No.94 of 2016 of Coringa Police Station, East Godavari District, as illegal and arbitrary. Heard and perused the material available on record. The main grievance of the petitioners is that the petitioners are parents of A-1. The complaint of the 3rd respondent is that the petitioners' son Vignan (A-1) and herself had acquaintance since 2004, when she is doing her intermediate at the age of 16 years. A-1 enjoyed her sexually on believing her that he will marry her, meanwhile the victim got pregnancy and A-1 and his parents caused miscarriage of pregnancy of victim and finally he refused to marry her. When the complainant put the issue before elders, A-1 with the support of his parents refused to marry her. Hence, the complaint.

Learned counsel for the petitioners submitted that even, as per the complaint of the 3rd respondent is taken as true, though not admitted herein, the sexual relationship between A-1 and 3rd respondent is continued since 2004 till 2016 and the sexual intercourse is at her residence itself, which is known to her mother also and therefore, the question of committing an offence under the provisions in which the crime is registered does not attract. Considering the grievance of the petitioners and the submissions of the learned counsel for the petitioners, the 2nd respondent is directed to complete the investigation in Crime No.148 of 2016, as expeditiously as possible and file a final report,

if any, either way in accordance with law, within a period of six (6) months from today without arresting the petitioners. The petitioners are directed to appear before the 3rd respondent as and when required for the purpose of investigation. Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ RAJA ELANGO, J Date: 17th October, 2016 KL