Syed Khaja Pasha v. Smt Kausar Fatima And Another

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2948 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner-accused seeking to quash the proceedings in FIR No.10 of 2016 of Women Police Station, DD, Hyderabad.

Heard and perused the material available on record. The offence alleged against the petitioner is punishable under Section 498-A IPC. The de facto complainant is the wife of the petitioner. The allegations against the petitioner are that he used to harass the de facto complainant mentally and physically. The truth or otherwise of the above allegations can be ascertained during investigation of the case. Hence, this Court is not inclined to interfere with the proceedings against the petitioner. At this stage, learned counsel for the petitioner submitted that the petitioner is apprehending arrest and harassment in the hands of police, in view of the pendency of the above crime.

Taking into consideration the submissions of the learned counsel for the petitioner, the police concerned are directed to complete the investigation without arresting the petitioneraccused and file final report, if any, in accordance with law. The petitioner is directed to appear before the Investigating Agency as and when his presence is required, and cooperate with the Investigating Agency.

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

______________ RAJA ELANGO, J March 08, 2016.

KTL