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no arrest in matrimonial cases during investigation =the petitioners apprehend arrest in the hands of the 1st respondent-Police. In the present case, the question of identity and custodial interrogation is not necessary. Hence, the first respondent-Police are directed to complete the investigation without making arrest of the petitioners.

THE HONOURABLE SRI JUSTICERAJA ELANGO

English: A view of the Chelama Tunnel, Prakasa...

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CRIMINAL PETITION No.161 of 2012

 

ORDER:

 

 

Petitioners approached this Court invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.108 of 2011 of Darsi Police Station, Prakasam District, whereby they are arrayed as accused for the offence punishable under Sections 498-A of IPC and 3 and 4 of the Dowry Prohibition Act.

2.  Heard both sides.  This Court perused the entire complaint.

 

3. Admittedly, the matter is still at the stage of investigation.  Offence alleged against the petitioners is punishable under Sections 498-A of IPC and 3 and 4 of the D.P.Act.  On perusal of the record, this Court is of the view that this is a matter, which requires to be investigated into by the Police.  As such, this Court is not inclined to quash the proceedings against the petitioners at this stage.

4.  Learned counsel for the petitioners submitted that the petitioners apprehend arrest in the hands of the 1st respondent-Police. In the present case, the question of identity and custodial interrogation is not necessary.  Hence, the first respondent-Police are directed to complete the investigation without making arrest of the petitioners.

5.  With the above observation, the Criminal Petition is disposed of.  Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed.

__________________

JUSTICE RAJA ELANGO

5th January 2012,

Rns.

 

 

 

 

 

 

 

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