High Court for State of TelanganaCRLP/7214/2015disposed of no costs

Mekala Sudhakar, v. The State Of Telangana,

2015-08-13B.Siva Sankara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.7214 of 2015 Between:

Mekala Sudhakar ... Petitioner and The State of Telangana rep. by the Public Prosecutor and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 13-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes/No

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7214 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/Accused No.1 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.119 of 2015 of Women Police Station, Saroornagar, Cyberabad registered at the instance of the 2nd respondent for the offence punishable under Sections 498-A, 406 I.P.C and Sections 3 and 4 of the Dowry Prohibition Act.

2) Heard the learned counsel for the petitioner and the 1st respondent-State represented by the Public Prosecutor before admission, before ordering notice to the 2nd respondent and perused the material on record.

3) A perusal of the record, the material falls short for quashing the proceedings under Section 482 Cr.P.C even to admit but for to say the factual matrix, the petitioner is entitled to concession of regular bail as Section 41-A Cr.P.C notice issued by the police according to the petitioner, rather than blanket order of not to arrest,

the petitioner is given liberty to surrender before the learned Magistrate and move regular bail with notice to the A.P.P concerned and the learned Magistrate, after hearing, shall grant bail on the same day with necessary conditions. The learned Magistrate can dispense with the presence of the accused at post bail stage pending investigation before the Court. Further remedies, if any, are left open in the event of filing charge sheet for any of the offences and any cognizance taken by the learned Magistrate.

5) With the above observations, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.13th August, 2015 KSH