Telangana High Court
Narra Vinay vs Narra Rasamalla Sai Prasanna on 21 September, 2023
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9164 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners - accused Nos.1 to 3 to quash FIR No.481 of 2023 on the file of the Station House Officer, Godavarikhani I Town Police Station, Peddapalli District. The offences alleged against the petitioners are under Sections 498-A, 290, 323 and 506 read with Section 34 of the Indian Penal Code (for short 'IPC') and Section 4 of the Dowry Prohibition Act (for short "DP Act).
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.2 - State. Perused the record.
3. It is contended by learned counsel for the petitioners that the petitioners are innocent and a false complaint has been foisted against them by the de-facto complainant with bald and general allegations. Therefore, he prayed to quash the proceedings against the petitioners.
GAC,J Crl.P.No.9164_2023 2
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioners at this juncture, as the investigation is not yet completed.
5. Taking into consideration that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years imprisonment, this Court deems it appropriate to direct the petitioners - accused Nos.1 to 3 to appear before the investigating officer on or before 10.10.2023 between 02:00 p.m. and 04:00 p.m. The Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar 1 scrupulously. However, the petitioners - accused Nos.1 to 3 shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. Further, the petitioners - accused Nos.1 to 3 are directed not to threaten or influence any of the witnesses in this case.
1 (2014) 8 SCC 273 GAC,J Crl.P.No.9164_2023 3
6. With the above directions, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 21.09.2023 ns Note:
C.C. by 22.09.2023 b/o.
ns