Telangana High Court
Mekala Ravinder vs The State Of Telangana on 20 January, 2022
Author: K. Lakshman
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.489 OF 2022
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime.No.04 of 2022, pending on the file of Godavarikhani-I Town Police Station, Peddapalli District. The petitioners herein are accused Nos.1 to 4 in the said crime. The offences alleged against them are under Sections 498-A of IPC and Section 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. As per the complaint dated 03.01.2022, the marriage of the 1st petitioner with the 2nd was performed on 25.05.2013. It appears thereafter matrimonial disputes arose between them. The 1st petitioner herein filed a petition vide O.P.No.04 of 2022 seeking dissolution of marriage on the ground of cruelty. According to the learned counsel for the petitioners, the 2nd respondent on receipt of notice in the said O.P., lodged the present complaint. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation. Custodial interrogation of the petitioners in a matter like this is not required and their personal liberty needs to be protected. The punishment prescribed for the offences alleged against the petitioners is below seven years.
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4. In view of the above discussion, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.04 of 2022, pending on the file of Godavarikhani-I Town Police Station, Peddapalli District, to strictly follow the procedure laid down 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. Till completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioner Nos.2 to 4 herein. However, the petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
Miscellaneous Petitions, if any, pending, shall also stand closed.
__________________ K. LAKSHMAN, J Date: 20.01.2022 dv 1 (2014) 8 SCC 273