THE HONOURABLE SRI JUSTICE N. TUKARAMJI
CRIMINAL PETITION No.10817 OF 2022
ORDER:
This petition, under Section 482 of the Code of Criminal Procedure (for short the 'Cr.P.C'), has been filed by the petitioners/A1 to A3 with a prayer to quash the proceedings in Cr.No.261 of 2022 of Bachannapet police station, Warangal District registered for the offences punishable under Sections 498A of the Indian Penal Code, 1860 (for short the 'IPC') and Sections 3 and 4 of the Dowry and Prohibition Act, 1961(for short 'the Act').
2. Heard.
3. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the case. Further, police without observing the prescriptions of law, on the same day of complaint, without verification of the complaint averments, registered the F.I.R. and conducting proceedings. Further, the petitioners are not even served with the notice under Section 41A of the Cr.P.C. In this position, 2 though the petitioners are ready to face the investigation and trial, they are apprehending coercive approach by the police. Thus prayed for quashment of the proceedings.
4. Learned Assistant Public Prosecutor would submit that the investigation is in preliminary stages and as the alleged offences are punishable with less than seven years the police would follow the procedure contemplations, hence pryed for dismissal of the petition.
5. A perusal of the report is disclosing that the allegations are within the scope of Section 498-A of IPC. It is settled position that the veracity of the allegation cannot be tested in the quashment proceedings. Therefore, exfacie there is no reason to quash the impugned proceedings. However, having regard to the fact that the accusation is in regard to matrimonial offence, and the apprehensions flagged up by the petitioner the Investigating Officer is directed to continue with the investigation, however, there shall not be any overbearing measures against the petitioners and if contingencies arise, there 3 shall be strict observance of the procedural mandate under Section 41 and 41A of the Cr.P.C., other prescriptions of law and the directives in the judgment of "Arnesh Kumar v. State of Bihar.1
6. With these directions, this petition is disposed of. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_________________ N. TUKARAMJI, J Date: 06.12.2022 Lpd 1 (2014)8SCC273 4 64 THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.10817 OF 2022 Date: 06.12.2022.
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