Criminal Petition seeking quashing of FIR under Section 482 Cr.P.C. regarding dowry and cruelty offences. Court refused to quash, ordered investigation to proceed without arresting petitioners for two months.
Proceed with investigation without arresting petitioners for two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8292 of 2016
ORDER:
The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.58 of 2016 of Women P.S, Vikarabad, Rangareddy District, registered for the offences punishable under section 498-A IPC and under Sections 3 & 4 of Dowry Prohibition Act. Heard the learned counsel appearing for the petitioners/A2 to A10 and the learned Additional Public Prosecutor, representing the State.
Specific allegations were made against the petitioners in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.
In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/A2 to A10 in the above crime, for a period of 2 (two) months from today. The petitioners/A2 to A10 shall appear before the investigating agency as and when required during course of investigation.
Pending miscellaneous applications, if any, shall stand closed in consequence.
M.S.K.JAISWAL,J
Date: 14.06.2016 Dsr
1 issue framed by the court
Whether the High Court can quash the FIR under Section 482 Cr.P.C. at the investigation stage without arresting the petitioners for two months.
3 provisions across 3 enactments
Petitioners
State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
