Telangana High Court
Mohd.Riaz Mohiuddin,Hyd And Another vs Public Prosecutor,Hyd And Another on 22 June, 2023
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THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL PETITION No.8160 OF 2015
O R D E R:
The present Criminal Petition is filed seeking to quash the proceedings in F.I.R.No.284 of 2015 dated 07.05.2015 of W.P.S.C.C.S, Hyderabad at Hyderabad against the accused for the offences punishable under Sections 498A and 406 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961 in the interests of justice.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the respondent State. There is no representation on behalf of unofficial respondent.
3. Learned counsel for the petitioners submits that the crime has been registered against the petitioners herein without there being any substance of charge to attract the alleged offences. Even if the investigation is complete, nothing survives for adjudication as the matter pertains to the year 2015. Learned counsel further submits that petitioner No.1 is a frequent traveller from one place to another and the present F.I.R. has become an impediment for his to carryout his business activities. Therefore, seeks to dismiss the petition. 2
4. On the other hand, learned Assistant Public Prosecutor submits that the case has been transferred to South Zone W.P.S. Therefore, there is a delay in the investigation.
5. A perusal of the record shows that the alleged offences are punishable with less than seven years. In the said circumstances, since the punishment prescribed for the offences alleged against the petitioners is less than seven years, without going into merits of the matter, the respondent-Police are directed to follow the procedure as contemplated under Section 41-A of Cr.P.C. and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 scrupulously. It is needless to say that, any deviation in this regard will be viewed seriously.
6. The Criminal Petition is accordingly, disposed of. The respondent-Police are further directed to conclude the investigation as expeditiously as possible.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 22.06.2023 ESP 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE E. V. VENUGOPAL 87 CRIMINAL PETITION No.8160 OF 2015 Dated: 22.06.2023 ESP