THE HON’BLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION No. 28282 of 2024

O R D E R

This Writ Petition is filed with the following prayer: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No.3 herein in not conducting an effective and expedite investigation into the Crime No.259 of 2024 of PS Hanmakonda, Warangal District, for the offences U/Sec.498-A, 496, 327, 307, 506 R/w 34 IPC and 3 & 4 of DP Act, as being illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India and consequently direct the respondent No.2 herein to conduct the investigation and file the Charge Sheet in Crime No.259 of 2024 and pass such other order...”

2. Heard Sri V.Raghunath, learned Senior Counsel appearing on behalf of Ms. V.Sanjana, learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and perused the record.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that based on the complaint made by the petitioner, dt.26.05.2024, though the 3rd respondent-authority had registered a case vide Crime No.259/2024, the said authority is not expediting/conducting the effective investigation into the aforesaid crime, resulting in the accused committing criminal acts against the petitioner, with sole intention to coerce the petitioner to withdraw the complaint lodged against the accused in the aforesaid crime, which action of the respondents-

authorities it is contended as highly illegal, arbitrary.

4. It is the case of the petitioner that she got married to accused No.1 in the aforesaid crime on 02.09.2023 as per Hindu Customs and Rituals; that at the time of marriage, the petitioners’ parents have paid dowry of a sum of Rs.1.5 Crores and other amounts towards other customary rituals apart from a Car worth Rs.93 lakhs, land to an extent of Acres 4.3 guntas and also provided a residential flat to accused No.1.

5. Petitioner further contends that she is not only the victim of dowry harassment but was also victim of fraudulent marriage performed with accused No.1, as after the marriage it was disclosed that accused No.1 is a gay and is into immoral and unhealthy practices.

6. Petitioner further contends that based on her complaint, the respondents-authorities having registered the aforesaid case, have issued notice under Section 41A of Cr.P.C. on 11.06.2024 to accused No.1 and notice dt.22.06.2024 to accused Nos.2 to 7 therein.

7. It is the further contention of the petitioner that accused No.1 in the aforesaid crime taking advantage of the notice being issued under Section 41A of Cr.P.C., once-again hatched a conspiracy against the petitioner to defame her and resorted to character assassination by committing second crime by morphing the petitioner’s normal photo with unseen photos and shared/circulated them with accused No.4 in the aforesaid crime resulting in the petitioner approaching the respondents- authorities and lodging another complaint, based on which the authorities have registered a case vide Crime No.314/2024 dt.08.07.2024 under Section 67A of Information Technology Act, 2000.

8. Petitioner contends that despite two crimes are registered against the accused therein, the said accused are not only continuing to persist with their criminal acts but are also posing serious threat to the petitioner’s life and liberty, and thus, sought for a direction to the 2nd respondent to conduct investigation and file charge sheet in Crime No.259 of 2024.

9. Per contra, learned Government Pleader for Home appearing on behalf of official respondents while denying the writ averments would submit that the respondents-authorities on registering the aforesaid crime have conducted investigation thereinto; that pending investigation, as the proceedings against accused Nos.2 to 7 have been quashed by the Hon’ble High Court vide Crl.Petition No.6456 of 2024, they have closed the aforesaid com