Telangana High Court
CRLP/16362/2014 of Kalyanam Bhanu Madhavi Vs The State of A.P. on 30 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16362 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/ A .3 and A4 in Crime No.4 of 2014 of Kollipara Police Station, Guntur District, registered for the offences under
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16362 of 2014
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ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioners/A.3 and A4 in Crime No.4 of 2014of Kollipara Police Station, Guntur District, registered for the offences-under Sections 498A and 506 I.P.C.
Heard the learned counsel for the petitioners and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioners are accusedNo.3 and 4 and respondent No.2 is the de facto complainant in CrimeNo.4 of 2014.
As per the allegations made in the complaint, the petitionersherein subjected respondent No.2 to cruelty for additional dowry.It is further alleged that the petitioners herein threatened respondentNo.2 with dire consequences.
While deciding the petition under Section 482 Cr.P.C., the Courthas to take into consideration the allegations made in the complaintonly.The Court is not justified in embarking upon an enquiry as toprobability, reliability or genuineness of the allegations made in thecomplaint at the initial stage of investigation.The material placedbefore the Court is prima facie sufficient to investigate into the matter inorder to ascertain the truthfulness or otherwise of the allegations madein 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 the considered view that it is not a fit case to quash the proceedings at theinitial 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, Kollipara Police Station is hereby directed to follow theprocedure as contemplated under Section 41A Cr.P.C. in Crime No.4of 2014 so far as the petitioners/A.2 and 3 are concerned.
With the above direction, the Criminal Petition is dismissed.
Consequently, Miscellaneous Petitions, if any, pending in thisCriminal Petition shall stand closed.
Date:30.12.2014KH
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T.SUNIL CHOWDARY, J
[1]AIR 1960 SC 866AIR 1960 SC 866
[2]AIR 1992 SC 604AIR 1992 SC 604
[3]2014 (8) SCALE 250