Telangana High Court
CRLP/16422/2014 of Mandapaka Bhaskar Rao, S/o late M. Rama Rao Vs The state of A.P., on 30 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16422 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/ A .2 to A .7 in Crime No.387 of 2014 of Peddapuram Police Station, East Godavari District registered for the offences
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16422 of 2014
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ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioners/A.2 to A.7 in Crime No.387 of 2014of Peddapuram Police Station, East Godavari District registered for the-offences under Sections 498A and 506 read with 34 I.P.C., andSections 3 and 4 of the Dowry Prohibition Act, 1961.
Heard the learned counsel for the petitioners and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioners are accusedNos.2 to 7 and the second respondent is the de facto complainant inCrime No.387 of 2014.
As per the allegations made in the complaint, the petitionershave subjected the second respondent to cruelty for additional dowryand threatened her with dire consequences.
While deciding the petition under Section 482 Cr.P.C., theCourt has to take into consideration the allegations made in thecomplaint only.The Court is not be justified in embarking upon anenquiry as to probability, reliability or genuineness of the allegationsmade in the complaint at the initial stage of investigation.The materialplaced before the Court is prima facie sufficient to investigate into thematter in order to ascertain the truthfulness or otherwise of theallegations made in the complaint.
Having regard to the facts and circumstances of the case andalso the principles enunciated by the Supreme Court in R.P.Kapoor v.[1][2]State of Punjaband State of Haryana v. Bhajanlal, I am of theconsidered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.
The learned counsel for the petitioners submitted that theconcerned Station House Officer may be directed not to arrest thepetitioners till completion of the investigation.
In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar and another[[3]], the Station HouseOfficer, Peddapuram Police Station is hereby directed to follow theprocedure as contemplated under Section 41A Cr.P.C in CrimeNo.387 of 2014 so far as the petitioners/A.2 to A.7 are concerned.
With the above direction, the Criminal Petition is dismissed.
Consequently, Miscellaneous Petitions, if any, pending in thisCriminal Petition shall stand closed.
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T.SUNIL CHOWDARY, J
Date: 30.12.2014Ivd
[1]AIR 1960 SC 866[2]AIR 1992 SC 604[3]2014 (8) SCALE 250