About Me

My photo
since 1985 practicing as advocate in both civil & criminal laws

Wednesday, May 8, 2024

F.I.R. No.17 of 2024 of Disha UPS, SPSR Nellore District, registered for the offences punishable under Sections 498-A, 2024:APHC:17921 2 VJP,J Crl.P. No.2783 of 2024 323, 420, 506 r/w.34 of the Indian Penal Code, 1860 (in short ‘I.P.C.’) and Sections 3 & 4 of Dowry Prohibition Act.

F.I.R. No.17 of 2024 of Disha UPS, SPSR Nellore District, registered for the offences punishable under Sections 498-A, 2024:APHC:17921 2 VJP,J Crl.P. No.2783 of 2024 323, 420, 506 r/w.34 of the Indian Penal Code, 1860 (in short ‘I.P.C.’) and Sections 3 & 4 of Dowry Prohibition Act.

held that  

a. Investigating Officer is at liberty to complete the investigation, in accordance with law. 

b. In the event of any coercive action sought to be taken against the Petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed  under Section 41-A Cr.P.C., and the guidelines laid down by the Hon’ble Supreme Court referred supra. 

APHC010183012024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

[3396]

THURSDAY, THE TWENTY FIFTH DAY OF APRIL

TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 2783/2024

Between:

Velaga Sudhakar Rao, and Others ...PETITIONER/ACCUSED(S)

AND

The State Of Andhra Pradesh

and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused(S):

1.VENKATA DURGA RAO ANANTHA

Counsel for the Respondent/complainant(S):

1.PUBLIC PROSECUTOR (AP)

The Court made the following:

ORDER:

 The instant petition under Section 482 of Code of

Criminal Procedure, 1973 (in short ‘Cr.P.C.’) has been filed, by

the Petitioners/Accused Nos.2 to 4, seeking quashment of

F.I.R. No.17 of 2024 of Disha UPS, SPSR Nellore District,

registered for the offences punishable under Sections 498-A,

2024:APHC:17921

2

VJP,J

Crl.P. No.2783 of 2024

323, 420, 506 r/w.34 of the Indian Penal Code, 1860 (in short

‘I.P.C.’) and Sections 3 & 4 of Dowry Prohibition Act.

2. Heard Sri A.Venkata Durga Rao, learned counsel for the

Petitioners and Ms. D.Prasanna Lakshmi, learned Assistant

Public Prosecutor representing the State/Respondent No.1.

3. Learned counsel for the Petitioners would submit that the

petition may be disposed of by giving protection to the

Petitioners vide guidelines of the Hon’ble Apex Court in Arnesh

Kumar v. State of Bihar1.

4. Learned Assistant Public Prosecutor, on instructions,

would submit that the offences registered against the

Petitioners are punishable with less than seven years period of

imprisonment and necessary direction may be given to the

concerned Station House Officer.

5. Considering the submissions, this criminal petition is

disposed of, with the following;

a. Investigating Officer is at liberty to complete the

investigation, in accordance with law.

b. In the event of any coercive action sought to be taken

against the Petitioners, concerned police authorities are

directed to scrupulously follow the procedure prescribed


1

 (2014) 8 SCC 273

2024:APHC:17921

3

VJP,J

Crl.P. No.2783 of 2024

under Section 41-A Cr.P.C., and the guidelines laid

down by the Hon’ble Supreme Court referred supra.

6. It goes without saying that, if any charge sheet is filed in

the above crime, the Petitioners are at liberty to file fresh

petition, if they feel aggrieved by the same.

7. Accordingly, the Criminal Petition is disposed of.

 Pending applications, if any, shall stand closed.

_________________________________________

 JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date : 25.04.2024

PND


2024:APHC:17921

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.