Sanapala Jagan Mohana Rao v. The State Of A.P.

HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No. 11401 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No.61 of 2016 of Eluru Women's Police Station, registered for the offences punishable under Sections 498-A, 354(A), 313 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Heard the learned counsel appearing for the petitioner/A.5 and the learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is clear that specific allegations were made against the petitioner/A.5 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.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioner/A.5 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioner/A.5 shall appear before the investigating agency as and when required during course of investigation and cooperate with the investigating agency for early completion of the investigation. Miscellaneous petitions pending consideration if any in

the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 4th AUGUST, 2016.

Msnrx