Telangana High Court
WP/46568/2016 of Kadiyala Siva, Vs The State of Andhra Pradesh, Represented by its on 30 December 2016
SRI JUSTICE RAJA ELANGO WRIT PETITION No.46568 of 2016 ORDER: This writ petition under Article 226 of Constitution of India is filed seeking to quash the proceedings against the petitioners in F.I.R. No.288 of 2016 on the file of 2nd respondent as arbitrary and illegal. The case of the
THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46568 of 2016
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ORDER:
This writ petition under Article 226 of Constitution of India is filed seeking to quash the proceedings against the petitioners in F.I.R. No.288 of 2016 on the file of 2[nd] respondent as arbitrary and illegal.
The case of the petitioners is that on the complaint given by 3[rd]respondent, who is the wife of 1[st] petitioner, the 2[nd] respondent registered a case against the petitioners in F.I.R. No.288 of 2016 for the offences punishable under Sections 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. Now, it is the grievance of the petitioners that all the allegations levelled by the 3[rd] respondent are false and the 2[nd]respondent without ascertaining the genuineness of the same, registered the F.I.R. and proceeding with the investigation and trying to arrest the petitioners.
The learned Assistant Government Pleader for Home submitted that since a complaint is lodged by the 3[rd] respondent, the 2[nd]respondent registered the present F.I.R. in accordance with law.
Now, the learned counsel for the petitioners submits that the petitioners are ready to cooperate for the investigation, but, however, they are apprehending arrest and harassment in the hands of 2[nd]respondent-police.
Considering the facts and circumstances of the case, the 2[nd]respondent is directed to complete the investigation in F.I.R. No.288 of 2016 without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners are directed to appear before the 2[nd] respondent-police as and when required during the course of investigation.
Accordingly, the writ petition is disposed of. No costs.
Pending Miscellaneous Petitions, if any, shall stand closed.
30.12.2016. Tsr
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RAJA ELANGO,J