CRLP/16526/2014 of S.Meena W/o Selvaraj Vs The State of Telangana on 31 December 2014

ORDER:

This petition is filed under Section 482 of Cr.P.C., to quash theproceedings against the petitioner/A2 in Crime No.535 of 2014 ofMalkajgiri Police Station, Cyberabad, registered for the offence under-Section 498A IPC.

Heard the learned counsel for the petitioner and learned PublicProsecutor.

A perusal of the record reveals that the petitioner is A2 andsecond respondent is de facto complainant in Crime No.535 of 2014.As per the allegations made in the complaint, the petitioner along withA1 subjected the second respondent to cruelty.

The court has to take into consideration the allegations made inthe complaint only while deciding the petition under Section 482Cr.P.C. The court is not justified in embarking upon an enquiry toascertain reliability or genuineness of the allegations made in thecomplaint at the initial stage of investigation. The material placed onrecord is prima facie sufficient to investigate into the matter in order toascertain the truthfulness or otherwise of the allegations made in thecomplaint.

Having regard to the facts and circumstances of the case and[1]also the principle enunciated in R.P.Kapoor v State of Punjaband [2]State of Haryana v Bhajan Lal, I am of the considered view thatthis is not a fit case to quash the criminal proceedings at the threshold.

Learned counsel for the petitioner submitted that the concernedPolice may be directed not to arrest the petitioner till completion ofinvestigation. In view of the principle enunciated by the Hon’ble Apex [3]Court in Arnesh Kumar v State of Bihar, the Station House Officer,Malkajgiri P.S., is hereby directed to follow the procedurecontemplated under Section 41A Cr.P.C., in Crime No.535 of 2014 sofar as the petitioner/A2 is concerned.

With the above direction, the criminal petition is dismissed.Miscellaneous petitions, if any pending in the criminal petition, shallstand closed.

_________________________

T.SUNIL CHOWDARY, J

December 31, 2014.

YS

[1]AIR 1960 SC 866

[2]AIR 1992 SC 604

[3]2014 (8) SCALE 250