Telangana High Court
CRLP/16458/2014 of Pongupati Bhadraiah, Vs State of A.P. on 30 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16458 of 2014 ORDER: This petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioners/A2 to A4 in Crime No.89 of 2014 of Women Police Station, Nellore, registered for the offence under Sections 498- A
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16458 of 2014
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ORDER:
This petition is filed under Section 482 of Cr.P.C., to quash theproceedings against the petitioners/A2 to A4 in Crime No.89 of 2014 ofWomen Police Station, Nellore, registered for the offence under-Sections 498A read with 34 IPC.
Heard the learned counsel for the petitioners and learned PublicProsecutor.
A perusal of the record reveals that the petitioners are A2 to A4and second respondent is de facto complainant in Crime No.89 of2014. As per the allegations made in the complaint, the petitionerssubjected the second respondent to cruelty for additional dowry.
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 petitioners submitted that theconcerned Police may be directed not to arrest the petitioners tillcompletion of investigation. In view of the principle enunciated by the Hon’ble Apex Court in Arnesh Kumar v State of Bihar[3], the StationHouse Officer, Women P.S., Nellore, is hereby directed to follow theprocedure contemplated under Section 41A Cr.P.C., in Crime No.89 of2014 so far as the petitioners/A2 to A4 are concerned.
With the above direction, the criminal petition is dismissed.Miscellaneous petitions, if any pending in the criminal petition, shallstand closed.
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T.SUNIL CHOWDARY, J
December 30, 2014.
YS
[2]AIR 1992 SC 604
[3]2014 (8) SCALE 250