Sri. Buddiga Murali Krishna v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.43237 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 4th respondent in registering Crime No.13 of 2016 against the petitioners as arbitrary and illegal.

The petitioners 1 and 3 are the parents of 2nd petitioner and the 5th respondent is his wife. Due to the family disputes, on the complaint lodged by 5th respondent, the 4th respondent registered a case against the petitioners herein in Crime No.13 of 2016 for the offences punishable under Sections 498-A, 406 IPC and Sections 3 and 4 of Dowry Prohibition Act. The grievance of the petitioners is that all the allegations levelled by the 5th respondent are false and the 4th 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 Additional Government Pleader for Home submitted that since a complaint is lodged by the 5th respondent, the 4th 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 4th respondent-police.

Considering the facts and circumstances of the case, the 4th respondent is directed to complete the investigation in Crime No.13 of 2016 without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners 1 & 3 are directed to appear before

the 4th respondent-police as and when required during the course of investigation.

Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 14.12.2016.

Tsr