Telangana High Court
WP/46291/2016 of Syed afath Ali, S/o. Syed Sarvar Ali, Vs State of Telangana, on 29 December 2016
SRI JUSTICE RAJA ELANGO WRIT PETITION No.46291 2016 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking to set aside the proceedings in Crime No.242 of 2016, dated 20.09.2016 of Station House Officer-Gadwal Town Police Station, Mahabubnagar District,
THE HONOURABLE SRI JUSTICE RAJA ELANGO
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ORDER:
WRIT PETITION No.46291 2016
This writ petition is filed under Article 226 of the Constitution of India seeking to set aside the proceedings in Crime No.242 of 2016, dated 20.09.2016 of Station House Officer-Gadwal Town Police Station, Mahabubnagar District, against the petitioners.
2. Heard and perused the material available on record.
3. Case of the petitioners is that respondent No.4 filed a false complaint against them before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Sections 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law.
4. Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.3 is investigating the matter in accordance with law.
5. Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, respondent No.3 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before respondent No.3 and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the like sum each for their appearance as and when required for the purpose of investigation.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. There shall be no order as to costs.
7. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.shall stand closed.
29.12.2016 YVL
_________________________
JUSTICE RAJA ELANGO
YVL
THE HONOURABLE SRI JUSTICE RAJA ELANGO
WRIT PETITION No.46291 2016
Date: 29.12.2016