Puli Suresh v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25703 OF 2018 O R D E R :

This writ petition is filed challenging the action of the respondents in harassing the petitioners by calling them to the police station and insisting to pay huge amounts to the wife of 1st petitioner.

Learned counsel for the petitioners submits that the writ petition can be disposed of directing the respondent-police to follow the guidelines issued by the Apex Court in Rajesh Sharma v. State of U.P. (2017 (2) ALD (Crl.) 568.

Learned Assistant Government Pleader for Home basing on the counter submits that since offence under Section 406 IPC was also alleged against the petitioner apart from Sections 498(A), 506, 386 & 109 r/w.34 IPC & Sections 3 & 4 of Dowry Prohibition Act, the Chairman, Family Welfare Committee, District Legal Services Authority, Ananthapuram, has not accepted the reference made by the respondent police for counselling. As such, the 3rd respondent has been conducting investigation in Crime No.121/2018. It is to be seen that the directions in the Rajesh Sharma's Judgment are with regard to the complaints under Section 498 A IPC and other connected offences. In the present case though allegation with regard to offence under Section 406 is also made, since the same is in connection with the offence under Section 498

A IPC, the respondent police and the Chairman, Family Welfare Committee, are directed to follow the guidelines of the Supreme Court in Rajesh Sharma's case as in the case before Supreme Court also offence under Section 406 IPC is involved. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 09.08.2018 Note: Issue CC by 13.08.2018 B/o.t k.