Hari Kishore Seela v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11075 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C to quash the proceedings in Crime No.35 of 2016 on the file of Women Police Station, Rajahmundry, registered for the offences punishable under sections 498-A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

Heard learned counsel appearing for the petitioners/A1 to A3 and the learned Additional Public Prosecutor, representing the State. Specific allegations were made against the petitioners in the complaint. This is a matter, which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report. When the matter is called, it is represented by the learned counsel for the petitioners that notice has already been served to the petitioner No.1/Accused No.1 by the police under section 41-A Cr.P.C and in compliance with the said notice, petitioner No.1/Accused No.1 has appeared before the investigating agency and thereafter, he was released on station bail.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/A-2 and A-3 in the above crime, till the investigation is completed and charge sheet is filed.

Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J 29th July, 2016 SS