Srimalla Shiva Shanker v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.11828 of 2018 ORDER :

Impugning the First Information Report in Crime No.62 of 2018 registered by the Bibipet Police Station, Kamareddy District, for the offences punishable under Sections 498-A and 506 and Section 4 of the Dowry Prohibition Act, on the report of the 3rd respondent-de facto complainant, the petitioners/A.1 to A.6 filed the quash petition. 2.

Heard learned counsel for the petitioners and learned Public Prosecutor, representing the 1st respondent-State in opposing the same, before ordering notice to the 2nd and 3rd respondent and before admission. Perused the First Information Report and quash petition averments. 3.

A perusal of the First Information Report and quash petition averments no way entitles this Court to quash the proceedings or admit by keeping the matter pending, but for to say for none of the offences are punishable above seven years, the police strictly follow Section 41-A Cr.P.C., and also the guidelines as held by the Apex Court in Arnesh Kumar Vs. State of Bihar1.

4.

Accordingly and in the result, the criminal petition is disposed of without prejudice to any future defence of the petitioners. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 8th November 2018.

Note:

Issue C.C. today.

(b/o) mar 1 (2014) 8 SCC 273