WP/46417/2016 of Mohammed Firasath, Vs The State of Telengana , on 30 December 2016

Conclusion

ORDER:

This writ petition is filed by petitioners under Article 226 of the Constitution of India seeking to declare the F.I.R. No.92 of 2016 for the offences punishable under Sections 498-A and 506 I.P.C. and Sections 3 & 4 of Dowry Prohibition Act against petitioners basing on the complaint lodged by the de facto-complainant as illegal and arbitrary and consequently quash the same.

Heard the learned counsel for petitioners and the learned Assistant Government Pleader for Home and perused the material available on record.

The petitioners filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the investigation. However, taking into consideration the facts and circumstances of the case and taking into consideration the fact that the matter is arising out of matrimonial dispute, this Court is of the view that the investigation can be completed without arresting the petitioners.

Accordingly, the police concerned are directed to complete the investigation and file a final report in the above Crime, in accordance with law in either way, without arresting the petitioners.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

30-12-2016. skmr

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RAJA ELANGO, J