Arun Kumar Uradi And 2 Others vs The State Of Telangana And Another
2022 Latest Caselaw 6516 Tel

  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,

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

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

(2014)8SCC273

THE HONOURABLE SRI JUSTICE N. TUKARAMJI

CRIMINAL PETITION No.10817 OF 2022

Date: 06.12.2022.

Lpd