Chedalavada Joyce Biossom ... vs The State Of Telangana And Another
2021 Latest Caselaw 4171 Tel

         THE HONOURABLE SRI JUSTICE K.LAKSHMAN

                CRIMINAL PETITION No.9181 OF 2021

ORDER:

Heard the learned counsel for the petitioners and the

learned Public Prosecutor for respondents. Perused the record.

2. This criminal petition is filed under Section 482

Cr.P.C. to quash the proceedings in FIR No.380 of 2021, pending

on the file of Station House Officer, Police Station, Saidabad.

The offences alleged against the petitioners herein are under

Sections 420, 495 and 506 read with 34 of IPC.

3. On the complaint lodged by the 1st petitioner herein,

WPS, Begumpet has registered a case in Crime No.129 of 2021

against the 2nd respondent for the offences under Sections 498-A

and 506 of IPC and Sections 4 and 6 of Dowry Prohibition Act,

1961. On the complaint lodged by the 2nd respondent, P.S.,

Saidabad has registered a case in Crime No.380 of 2021 against

the petitioners herein for the offences under Sections 420, 495

and 506 read with 34 of IPC. Though the punishment

prescribed for the offence under Section 495 of IPC is ten years,

the Investigating Officer has issued notice under Section 41-A

Cr.P.C on 30.11.2021 and the petitioners herein have submitted

their explanation on 01.12.2021. Now, the only grievance of the

petitioners is that the Investigating Officer without following the

procedure laid down under Section 41-A Cr.P.C is trying to

apprehend the petitioners herein.

4. Referring to the decree and judgment in O.P.No.570

of 2011 dated 06.03.2012 and the complaint dated 10.07.2021

lodged by one Mr.K.Praveen with the Police, Osmania University,

Sri K. Sai Babu, learned counsel for the petitioners would

submit that the allegations made by the 2nd respondent in the

complaint dated 27.09.2021 are factually incorrect and the said

fact is specifically mentioned in the reply submitted by the

petitioners to the notice under Section 41-A Cr.P.C.

5. Considering the above said facts, this Criminal

Petition is disposed of directing the Investigating Officer in

Crime.No.380 of 2021, pending on the file of the Station House

Officer, Saidabad Police Station, Hyderabad, to strictly follow the

mandatory procedure contemplated 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. However,

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: 07.12.2021 Note:

Issue CC by tomorrow (B/o) dv

(2014) 8 SCC 273