Mahadev Bhagya Kumar vs. Mahadev Prema Sai

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

Criminal Petition No.13564 of 2016

ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioner/accused No.1 in crime No.43 of 2016 on the file of Mandasa Police Station, Srikakulam, registered for the offences punishable under Sections 498-A and 506 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 petitioner/accused No.1 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 petitioner/accused No.1.

However, in view of submissions of the learned counsel for petitioner that petitioner/accused No.1 is apprehending his 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 petitioner/accused No.1 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 petitioner/accused No.1 requiring him to appear before the investigating agency for the purpose of investigation and on issuance of such notice, the petitioner/accused No.1 shall appear before the investigating agency and give an undertaking as to his 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: 26-09-2016

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