Telangana High Court
CRLP/16480/2014 of Nese Venkateswarlu S/o. Late. Rangaiah Vs State of Telangana on 31 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16480 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/Accused No.2 in Crime No.793 of 2014 of Miyapur Police Station, Ranga Reddy District, registered for the offence under
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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16480 of 2014ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioner/Accused No.2 in Crime No.793of 2014 of Miyapur Police Station, Ranga Reddy District,-registered for the offence under Sections 498A IPC and 3 and 4 ofthe Dowry Prohibition Act.
Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioner isaccused No.2 and the second respondent is the de factocomplainant.As per the allegations made in the complaint, thepetitioner herein along with other accused subjected the secondrespondent to cruelty for additional dowry.
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 justified in embarking upon anenquiry to ascertain the truthfulness or otherwise of the allegationsmade in the complaint at the initial stage of the investigation.Thematerial placed before the Court is prima facie sufficient toinvestigate into the matter in order to ascertain the truthfulness orotherwise of the allegations made in the complaint.
Having regard to the facts and circumstances of the caseand also the principles enunciated by the Supreme Court in[1]R.P.Kapoor v. State of Punjaba n d State of Haryana v.
[2]Bhajanlal, I am of the view that it is not a fit case to quash theproceedings at the initial stage of the investigation.
The learned counsel for the petitioner submitted that theconcerned Station House Officer may be directed not to arrest thepetitioner 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 StationHouse Officer, Miyapur Police Station, Ranga Reddy District, ishereby directed to follow the procedure contemplated underSection 41-A Cr.P.C. in Crime No.793 of 2014, so far as thepetitioner/Accused No.2 is concerned.
With the above direction, the Criminal Petition is dismissed.
Consequently, Miscellaneous Petitions, if any, pending inthis Criminal Petition shall stand closed.
_____________________
T.SUNIL CHOWDARY, J
31.12.2014Rns
[1]AIR 1960 SC 866AIR 1960 SC 866
[2]AIR 1992 SC 604AIR 1992 SC 604
[3]2014 (8) SCALE 2502014 (8) SCALE 250