Telangana High Court
Duddu Padmavathi, vs The State Of Telangana on 10 February, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No. 686 OF 2021
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for shot 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime.No.473 of 2020 pending on the file of the III Metropolitan Magistrate, Rachakonda at L.B.Nagar. The petitioners herein are accused Nos.2 to 5 in the said crime. The offences alleged against the petitioners are under Sections 498-A, 323 and 506 of the Indian Penal Code and Section 3 & 4 of Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. The 1st and 2nd petitioners are parents, 3rd petitioner is sister and 4th petitioner is brother of A-1. In the complaint dt.05.08.2020, prima facie, there are no allegations much less specific allegations against the petitioners herein. It appears that the allegations are against A-1.
4. Learned counsel for the petitioners would submit that A-1 was arrested and he is on bail. Several allegations in the complaint requires investigation by the Investigation Officer.
2
5. Considering the said aspects, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.473 of 2020, pending on the file of the III Metropolitan Magistrate, Rachakonda at L.B.Nagar, to follow the mandatory procedure contemplated under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1. In the meanwhile, the Police are directed not to arrest the petitioners herein till completion of investigation and filing of final report. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
Miscellaneous Petitions, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 10.02.2021 dv 1 (2014) 8 SCC 273