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
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