HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.4387 of 2014
Date: 03.07.2014 Between:
Moti Jammaiah, and 6 others. .. Petitioners AND The State of Andhra Pradesh, rep.by its Public Prosecutor, High Court of A.P., Hyderabad, and another ..
Respondents/ Complainants HON'BLE Dr. JUSTICE K.G. SHANKAR Crl. Petition No.4387 of 2014 ORDER:
The petitioners-accused 2 to 8 seek for quashment of First Information Report (FIR) in Crime No.29 of 2014 on the file of Allagadda Town Police Station, Kurnool District. They allegedly committed the offences under Section 498-A, 323, 448, 307 IPC and under Sections 3 & 4 of the Dowry Prohibition Act, 1961.
2 . The learned counsel for the petitioners submitted that the petitioners did not commit the offences, as alleged by the 2nd respondent-de facto complainant.
3. Where the investigation is at the threshold on the complaint, it would be appropriate to permit the prosecution to proceed with the complaint. However, where it is contended by the petitioners that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioners during the pendency of the investigation.
4. Accordingly, this Criminal Petition is disposed of granting liberty to Police to proceed with the investigation in Crime No.29 of 2014 on the file of Allagadda Town Police Station, Kurnool District. Police, however, are restrained from arresting the petitioners-accused 2 to 8 during the pendency of the investigation. The miscellaneous petitions, if any pending in this criminal petition, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 03.07.2014
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