The bench dismissed a criminal petition under Section 482 Cr.P.C. seeking to quash criminal proceedings. It held that investigation was required to determine the truth of allegations and directed the agency to proceed without arresting the petitioner.
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9675 of 2016
ORDER:
The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.46 of 2016 of T.Sandole P.S, Guntur District, registered for the offences punishable under sections 307, 498-A, 506 and 420 IPC and under Sections 3 & 4 of Dowry Prohibition Act.
Heard the learned counsel appearing for the petitioner/A3 and the learned Additional Public Prosecutor, representing the State.
Specific allegations were made against the petitioner 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 petitioner, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioner/A3 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioner/A3 shall appear before the investigating agency as and when required during course of investigation.
Pending miscellaneous applications, if any, shall stand closed in consequence.
Date:05.07.2016 Dsr
__________________ M.S.K.JAISWAL,J
1 issue framed by the court
Whether the investigation into allegations of offences under sections 307, 498-A, 506 IPC and Dowry Prohibition Act should be quashed.
3 provisions across 3 enactments
Petitioner
State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
