Single judge quashed petitioners' plea to quash Section 498-A IPC proceedings, holding specific allegations exist. Directed police to complete investigation and file final report without arresting petitioners.
Petition dismissed; directed police to complete investigation and file final report without arresting petitioners.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12525 of 2011 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.471 of 2011 of S.N. Puram P.S., Vijayawada, registered for the offence punishable under Section 498-A IPC.
2. Heard.
3. The learned counsel for the petitioners submitted that there are no specific allegations against the petitioners and that they are no way concerned with the alleged crime; that the continuation of proceedings against the petitioners is nothing but abuse of process of law and hence he prays to allow the petition. 4. On perusal of the entire material available on record, it is clear that there are specific allegations against the petitioners and this is a matter, which has to be investigated by the police. Hence, this Court is not inclined to quash the proceedings in the said crime at this stage. However, considering the facts and circumstances of the case, the concerned police are directed to complete the investigation of the case and file the final report either way without arresting the petitioners.
5. With the above observation, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed.
______________ RAJA ELANGO, J
December 03, 2011. KT L
2 issues framed by the court
Whether the criminal proceedings under Section 498-A IPC can be quashed under Section 482 Cr.P.C. given specific allegations.
Whether the petitioners should be arrested while the investigation proceeds.
2 provisions across 2 enactments
petitioners
State / Police
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
