Smt. Mallula Vijaya Saradha, v. Smt.Mallula Serisha Devi Alias Gnanasiri,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4039 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.2 to A.5 in Crime No.81 of 2014 of Women Police Station Rajahmundry, Rajahmundry Urban registered for the offences under Sections 498-A, 323 and 506 read with 34 I.P.C., and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961.

2. Heard Sri K.V.Vermaa, the learned counsel for the petitioners, the learned Public Prosecutor and Sri D.Narasimha Rao, the learned counsel for the first respondent.

3. A perusal of the record reveals that the petitioners are accused Nos.2 to 5 and the first respondent is the de facto complainant in Crime No.81 of 2014.

4. As per the allegations made in the complaint, the petitioners along with accused No.1 have subjected the first respondent to cruelty for additional dowry. It is further alleged that the petitioners have beat the first respondent and threatened her with dire consequences.

5. While deciding the petition under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

6. Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v.

State of Punjab[1] and State of Haryana v. Bhajanlal[2], I am of the considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

7. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the investigation.

8. In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar[3], the Station House Officer, Women Police Station Rajahmundry, Rajahmundry Urban is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C in Crime No.81 of 2014 so far as the petitioners/A.2 to A.5 are concerned.

9. With the above direction, the Criminal Petition is dismissed.

10. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 29.04.2015 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] 2014 (8) SCALE 250