Parvathi Suresh v. The State Of Telangana

THE HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.13394 of 2018 ORDER :

Impugning the First Information Report in Crime No.213 of 2018 registered by Mandamarri Police Station, Mancherial District, for the offences punishable under Section 384 read with 34 IPC, on the report of the 2nd respondent-de facto complainant, the petitioners/A.1 to A.3 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 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 as the offence is not punishable above seven years, the police shall strictly follow Section 41-A Cr.P.C. and also the guidelines of 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 20th February, 2019 sur 1 (2014) 8 SCC 273