Telangana High Court
Ganji Shyam Nadh And 4 Others vs The State Of Telangana on 8 April, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.3260 of 2022
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.177 of 2022 pending on the file of CCS (DD) Women Police Station, Hyderabad district, registered for the offences under Sections 498-A and 506 r/w.34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. The petitioners herein are accused Nos.1 to 5 in the said Crime.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the Record. With their consent this Criminal Petition is disposed of, at the admission stage.
3. Perusal of the record would reveal that the marriage of A-1 with 2nd respondent was performed on 2 17-03-2011. Thereafter matrimonial disputes arose between them. Perusal of the complaint would reveal that there are certain specific allegations against petitioners. The said allegations are factual aspects to be investigated into by the Investigating Officer during the course of investigation. In matrimonial disputes custodial interrogation of accused is not required and their personal liberty needs to be protected. Petitioner No.2 is aged mother, aged about 63 years, and petitioner Nos.3 to 5 are married sisters of petitioner No.1 / A-1. The punishment prescribed for the offences alleged against the petitioners is below 7 years.
5. In view of the said discussion, this Criminal Petition is disposed of, directing the Investigating Officer in Crime No.177 of 2022 pending on the file of CCS (DD) Women Police Station, Hyderabad district, to strictly follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble 3 Apex Court in Arnesh Kumar v. State of Bihar1. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents, if any, as sought by him in concluding the investigation. Till completion of investigation and filing of final report the Investigating Officer is further directed not to arrest the petitioner Nos.2 to 5 herein / A-2 to A-5 only.
Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.
___________________ K. LAKSHMAN, J April 08, 2022 PN 1 (2014) 8 SCC 273 4 HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.3260 of 2022 April 08, 2022 PN