The Hon'ble Court is not inclined to quash criminal proceedings initiated against the petitioners. However, a directive for non-arrest for two months to complete investigation is issued.
The police are directed to complete the investigation without arresting the petitioners for a period of two months.
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THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
Criminal Petition No.8033 of 2016
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioners/accused in F.I.R. No.21 of 2016 of Karlapalem Police Station, Guntur District, registered for the offences punishable under Section 498-A read with Section 34 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
Heard and perused the material available on record.
Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against petitioners/accused are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioners/accused.
However, in view of submissions of the learned counsel for petitioners that petitioners-accused are apprehending of their arrest in view of the pendency of the above crime, the police concerned are directed to complete the investigation into the crime without arresting the petitioners/accused for a period of two months from today and file the final report, if any, in accordance with law. However, in the event of necessity, the police concerned are directed to issue notice to petitioners/accused requiring them to appear before the
investigating agency for the purpose of investigation and on issuance of such notice, the petitioners/accused shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.
Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.
_______________________ JUSTICE M.S.K.JAISWAL
Date: 09-06-2016
skmr
1 issue framed by the court
Whether to interfere with ongoing proceedings in a quashing petition under Section 482 Cr.P.C. filed to quash FIRs under Sections 498-A IPC and Dowry Prohibition Act.
3 provisions across 3 enactments
petitioners/accused
State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
