Jaggumantri Hanumanthu Sai Babulu vs State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(AP) 1057

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Cheekati Manavendranath Roy, J.
Jaggumantri Hanumanthu Sai Babulu – Appellant
Versus
State of Andhra Pradesh and Ors. – Respondents
Crl. P. No. 1178 of 2021
Decided On : 02-03-2021

Advocates:
Advocate Appeared:
For the Appellant : Kancharlapalli Siva Rama Prasad

Headnote:
Indian Penal Code, 1860 - Section 498-A - Criminal Procedure Code, 1973 - Section 482, 41-A - Dowry Prohibition Act, 1961 - Section 3, 4 –First Information Report - Saving of inherent powers of High Court - Any police officer may without an order from a Magistrate and without a warrant, arrest any person -Complainant alleging that petitioner, who is her husband, has subjected her to cruelty with illegal demands for additional dowry, crime was registered against petitioner for offences punishable under Section 498-A of Indian Penal Code, 1860 and under Sections 3 and 4 of Dowry Prohibition Act, 1961 - The said case is now under investigation –Held, Matter requires investigation to ascertain truth or otherwise of said allegations - There are absolutely no legal grounds emanating from record warranting interference of this Court in exercise of its inherent powers under Section 482 of Cr.P.C - Either to quash FIR or to stay investigation - Offences registered against petitioner are punishable with less than seven years period of imprisonment, Investigation Officer is directed to follow procedure contemplated under Section 41-A Cr.P.C and guidelines prescribed by Hon'ble Apex Court – Petition Dismissed.

ORDER :

Cheekati Manavendranath Roy, J.

1. This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is filed seeking quash of the F.I.R. in Crime No. 568 of 2019 of Pendurthy Police Station, Visakhapatnam District.

2. Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State.

3. On a report lodged by the 2nd respondent, who is the de facto complainant alleging that the petitioner, who is her husband, has subjected her to cruelty with illegal demands for additional dowry, the above crime was registered against the petitioner for the offences punishable under Section 498-A of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. The said case is now under investigation.

4. The allegations set out in the F.I.R. prima facie disclose commission of a cognizable offence. Therefore, the matter requires investigation to ascertain the truth or otherwise of the said allegations. There are absolutely no legal grounds emanating from the record warranting interference of this Court in exercise of its inherent powers under Section 482 of Cr.P.C. either to quash the FIR or to stay the investigation.

5. Therefore, this criminal petition is devoid of merit and it is dismissed.

6. However, as the offences registered against the petitioner are punishable with less than seven years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another, 2014 (2) ALD (Crl.) 779 (SC) : (2014) 8 SCC 273, case.

7. Miscellaneous petitions, if any pending, in this criminal petition, shall stand closed.

Click Here to Read the rest of this document