Andhra Pradesh High Court - Amravati
The vs State Of Bihar1 And The Petitioner Would ... on 11 November, 2022
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8940 of 2022
ORDER:
The petitioners are accused Nos.2 to 4 in Crime No.33 of 2022 on the file of Amruthaluru Police Station, Bapatla Distrct for offences under Sections 498-A of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act.
2. The contention of the petitioners is that the allegations made in the complaint against the petitioners are general omnibus allegations which do not make out any case against the petitioners. They further contend that the allegations are false and are highly improbable. The petitioners submit that they have been harassed by the de facto-complainant and her relatives due to which complaints have already been filed before the Superintendent of Police for protection.
3. A perusal of the complaint shows that there are allegations against the petitioners, albeit general and omnibus allegations without specifics. It may not be appropriate to thwart investigations at this stage, as the 2 veracity of the allegations require to be gone into to ascertain whether the said allegations are true or not.
4. In the circumstances, this Criminal Petition is dismissed. However, the investigation shall be conducted in accordance with the guidelines issued by the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar1 and the petitioner would also be entitled to the benefit of notices under Section 41-A of Cr.P.C. There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J 11.11.2022 RKS 1 2014 (8) SCC 273 3 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.8940 of 2022 11.11.2022 RKS