Dismissed

Farzana Begum, v. The State of Telangana

Telangana HC26 Nov 2014CRLP/13644/2014

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 Cr.P.C., the High Court held that the proceedings were not a fit case for quashings at the investigation stage due to prima facie materials. However, relying on Arnesh Kumar, it directed the SHO not to arrest the petitioners without following Section 41A Cr.P.C. before investigation completion, ultimately dismissing the petition.

What did the court decide?

Petitioners not to be arrested without following Section 41A Cr.P.C.; Criminal Petition dismissed.

Farzana Begum, Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13644 of 2014

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ORDER:

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This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.2 to A.8 in Crime No.229 of 2013 of Annasagar Police Station, Mahabubnagar District registered for the offences under Sections 498-A and 494 I.P.C., and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the first respondent – State.

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A perusal of the record reveals that the petitioners are accused Nos.2 to 8 and the second respondent is the de facto complainant in Crime No.229 of 2013.

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As per the allegations made in the complaint, the petitioners along with accused No.1 have subjected the second respondent to cruelty for additional dowry. It is further alleged that the petitioners have performed the second marriage of accused No.1.

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While deciding the petition under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not be justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

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Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v. [1] [2] State of Punja b and State of Haryana v. Bhajanla l , I am of the

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considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

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In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar and anothe r^[3] , the Station House Officer, Annasagar Police Station is hereby directed not to arrest the petitioners/A.2 to A.8 in Crime No.229 of 2013 without following the procedure as contemplated under Section 41A Cr.P.C. till completion of the investigation or filing of the report.

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With the above direction, the Criminal Petition is dismissed.

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Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

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________________________ T.SUNIL CHOWDARY, J

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Date: 26.11.2014 Ivd

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