Gopal Soloman v. Rachel Suguna

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO Criminal Petition No.11926 of 2018 ORDER :

Impugning the F.I.R. in Crime No.323 of 2018 registered by the Alwal Police Station, Cyberabad, Rangareddy District, for the offences punishable under Sections 498-A, 506, 427 IPC on the report of the first respondent-de facto complainant, the petitioner-accused filed the quash petition.

2.

Heard the learned counsel for petitioner and the learned Additional Public Prosecutor, representing the second respondent-State in opposing the same, before ordering notice to the first respondent and before admission. Perused the F.I.R. and the quash petition averments. 3.

A perusal of the F.I.R. and the quash petition averments no way entails 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.

Accordingly, this Criminal Petition is disposed of without prejudice to any future defence of the petitioner. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ Dr. B. SIVA SANKARA RAO, J 09.11.2018 MVA 1 (2014) 8 SCC 273