High Court for State of TelanganaWP/44733/2016disposed of no costs

Sunkara Ganga Raju, v. The State Of Andhra Pradesh, Rep.By Its Principal

2016-12-21Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44733 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking a writ of mandamus declaring the action of the 2nd respondent in registering F.I.R. No.110 of 2016 against the petitioners as arbitrary and illegal.

The first petitioner is the husband of 3rd respondent and the other petitioners are his family members. Due to the matrimonial disputes, on the complaint lodged by 3rd respondent, the 2nd respondent registered a case against the petitioners herein in F.I.R. No.110 of 2016 for the offences punishable under Sections 498-A, 313, 354, 323, 384, 342 r/w 34 IPC and Section 3(2)(b)(a) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The grievance of the petitioners is that all the allegations levelled by the 3rd respondent are false and the 2nd respondent without ascertaining the genuineness of the same, registered the F.I.R. and proceeding with the investigation and trying to arrest the petitioners.

The learned Assistant Government Pleader for Home submitted that since a complaint is lodged by the 3rd respondent, the 2nd respondent registered the present F.I.R. in accordance with law. Now, the learned counsel for the petitioners submits that the petitioners are ready to cooperate with the investigation, but, however, they are apprehending arrest and harassment in the hands of 2nd respondent-police.

Considering the facts and circumstances of the case, the 2nd respondent is directed to complete the investigation in Crime No.110 of

2016 without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners are directed to appear before the 2nd respondent-police and each of them shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the likesum for their future appearance as and when required for the purpose of investigation.

Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 21.12.2016.

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