Entitlement to notice under Section 41-A Cr.P.C. and cooperation with the Investigating Officer based on the severity of the alleged offences

ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.1 to 3, 5 and 6 seeking to quash the proceedings in Crime No.607 of 2023 on the file of the Neredmet Police Station, Rachakonda registered for the offences under Sections 498-A IPC, 3 and 4 of Dowry Prohibition Act and Section 3(1)(r)(s) of SC/ST POA Act.

2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 – State.

3. As per the record, petitioner No.1 is the husband of respondent No.2, petitioner Nos.2 and 3 are the brothers of petitioner No.1 and Petitioner Nos.4 and 5 are the mother and sister of petitioner No.1. The offences alleged against the petitioners are under Section 498-A IPC, Section 3 and 4 of Dowry Prohibition Act and Section 3(1)(r)(s) of SC/ST POA Act.

4. It is the contention of the learned counsel for the petitioners that petitioner No.1 got married with respondent No.2 and it was a love marriage and later disputes arose between them and therefore, respondent No.2 has lodged a report against all the petitioners. It is his further contention that the police are trying to arrest the petitioners even without issuing any notice under Section 41-A Cr.P.C.

5. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to be entertained at this juncture as investigation has to be proceeded with.

6. Since the said offences alleged against the petitioners are punishable with less than seven years of imprisonment, this Court is of the considered view that the petitioners are entitled to be issued notice under Section 41-A Cr.P.C. Therefore, the petitioners shall appear before the Investigating Officer concerned on or before 18.08.2023 and in turn, the Investigating Officer shall issue notice under Section 41-A Cr.P.C and shall follow the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioners shall cooperate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.

7. With these observations, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.