Dasari Bala Swamy, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41771 OF 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of Certiorari to call for the records pertaining to F.I.R.No.139 of 2016 registered on the file of the fourth respondent for the offences under Section 363 IPC read with Section 34 IPC and declare the same as illegal and arbitrary, and consequently to quash the same. Heard and perused the material.

Learned counsel for the petitioners submits that the complaint is lodged without any valid grounds and that the same is lodged only to harass the petitioners. He further submits that there is a love affair between the son of the complainant and the accused No.14 and that the petitioners never kidnapped the son of the complainant and that the son of the complainant married the accused No.14 as he loves the accused No.14. Hence, he prays this Court to quash the case against the petitioners.

Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings at the threshold. However, taking into consideration the fact that there is a love affair between the son of the complainant and the accused No.14, the fourth respondent is directed to complete the investigation without arresting the petitioners and file final report, if any, in accordance with law. The petitioners are directed to appear before the fourth respondent and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the likesum each for their future appearance as and when required for the purpose of investigation.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 01.12.2016 pln