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High Court for State of TelanganaCRLP/9563/2016dismissed

Smt. Hymavathi, v. The State Of Telangana,

2016-07-12Raja Elango1 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9563 of 2016 ORDER:

This Criminal Petition is filed by the petitioner, under Section 438 of the Criminal Procedure Code, seeking anticipatory bail in an un-registered crime on the file of Sangareddy Rural Police Station, Sangareddy.

Heard and perused the material available on record. The case of the petitioner is that A1 and the de facto complainant are husband and wife and their marriage was performed in the year 2000 and they blessed with a female child. In the year 2008 the de facto complainant lodged a complaint against A1 and the petitioner herein alleging that A1 developed illicit intimacy with the petitioner and harassed her to bring additional dowry. The same was taken congnizance by the Judicial Magistrate of First Class, Spl.Mobile Court, Sangareddy and the trial Court, after due trial, acquitted A1 and the petitioner from the offences under Sections 498-A 323 IPC and 3 & 4 of the Dowry Prohibition Act, vide Judgment, dated 27.03.2016. Recently, the police called the petitioner to the station and asked her to give her explanation since the de facto complainant again lodged a complaint against her and threatened her to register a case against her. Hence, apprehending arrest in the hands of the police, the petitioner approached this Court.

Learned Additional Public Prosecutor submitted that no case is registered against the petitioner in the above said police station and therefore, there is no apprehension of arrest of the petitioner. In view of the above submission of the learned Additional Public Prosecutor, this criminal petition is not maintainable and accordingly, the same is dismissed.

______________ RAJA ELANGO, J July 12, 2016.

KTL