Dismissed

Tattepally Srisailam, v. The State of Andhra Pradesh

Telangana HC23 Jul 2010CRLP/1544/2008

Case brief

AI extract

What is this about?

Hon'ble Justice A. Gopal Reddy dismissed a criminal petition seeking quashment of an FIR alleging dowry harassment and torture. The Court held that the allegations disclosed a clear case requiring investigation and did not fall under principles allowing quashing at the investigative stage, though accused were exempted from custody until investigation concluded.

What did the court decide?

Criminal petition dismissed. Petitioners directed to appear before police on summons day but not to be taken into custody until investigation completed.

Tattepally Srisailam, Vs The State of Andhra Pradesh — Dowry and Cruelty | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE A.GOPAL REDDY

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CRIMINAL PETITION NO.1544 OF 2008

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DT.23.07.2010

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Between:

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Tattepally Srisailam and seven others

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………………….Petitioners

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Vs.

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State, represented by its P.P., through P.S.Kamareddy, Nizamabad and another

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……………..Respondents.

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O R D E R:

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This criminal petition is filed under Section 482 Cr.P.C., seeking to quash the F.I.R.No.137 of 2007 on the file of Kamareddy police station, Nizamabad District.

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Petitioner Nos.1 to 8 herein are accused Nos.1 to 8 respectively, in F.I.R.No.137 of 2007 and the same was registered for the offence under Section 498-A read with Section 109 I.P.C.

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The respondent-complainant filed a private complaint alleging that her marriage with the son of A-1 and A-2 was performed seven years back as per the caste customs. Thereafter, they lived happily for some time. A- 1 to A-4 insulted the complainant stating that she has brought least dowry and demanded additional dowry of Rs.5,00,000/- from her parents. On 10.04.2007 at 10 a.m., A-1 to A-4 conspired together and started abusing the complainant and necked out her along with her husband from their house at Nizamabad, by snatching all gold ornaments presented by her parents at the time of marriage. While so, on 15.04.2007 A-1 to A-4 along with A-5 to A-8 came to the house of the complainant at Kamareddy and demanded additional dowry of Rs.5,00,000/-. On that, the parents of the complainant called LWs.5 and 6 to their house to discuss the issue. At that time, A-1 to A-8 demanded additional dowry amount, else they will not allow the complainant and her husband into their house and will not give any share in the property and threatened the complainant with dire consequences. On a complaint given to the police, they registered the

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case and are proceeding with the investigation.

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The allegations raised in the complaint clearly disclose that all the accused abused the complainant, necked her out from the house and also demanded additional dowry of Rs.5,00,000/-, which necessarily have to be investigated into by the police. It is not a fit case to quash the proceedings at the investigation stage, since the case do not fall under any of the principles laid down by the Supreme Court reported in STATE

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OF HARYANA VS. BHAJAN LAL^[1] .

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The criminal petition is, therefore, dismissed. However, it is made clear that as and when summons are issued by the police, the petitioners/accused shall appear before the police on the day specified by them, but the petitioners shall not be taken into custody, unless the investigation is completed and an offence is made out against them.

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________________ A.GOPAL REDDY J.,

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Dt.23.07.2010 tjs

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[1] ) 1992 SCC (Crl.) 426

Tattepally Srisailam, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Tattepally Srisailam, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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