Madhu ahmed vs state of telangana

Excerpt:Either from the FIR or the statement of the victim/LW-1
recorded by the Police on 29-01-2017, no-way mentions any specific
overt act so far as against A-2 and A-3; mother-in-law and sisterin-law of the defacto complainant concerned but for a stray
allegation in the two pages statement at Page No.2, line Nos.4 and
5 of the husband’s mother and sister also for additional dowry
troubling. There is no further mention as to when they demanded,
where they demanded, what amount they demanded, if any,
which are the pre-requisites even from the Police final report to take
cognizance, leave about for framing of charges from the very
wording of Section 212 of Cr.P.C., but the same is lacking. The filing
of the final report and taking cognizance against A-2 and A-3 per se
unsustainable

 

As common question of fact and law are involved in these
criminal petitions, they were heard together and are being disposed
of by this common order.
2. The petitioners are A-2, A-3 in Criminal Petition No. 31 of
2019 and A-1 in Criminal Petition No.64 of 2019 respectively in
C.C.No.222 of 2018 on the file of the Court of Principal Junior Civil
Judge-cum-XIV-Additional Metropolitan Magistrate, Rajendranagar,
Cyberabad registered for an offence punishable under section 498-A
of I.P.C., which is outcome of final report from Crime No:2012 of
2017 of Rajendranagar Police Station, dated 21-09-2017 on the
report of the second respondent/defacto complainant, Mrs. Sofia
Nellofer, who is no other than the wife of A-1 and daughter-in-law
of A-2 and sister-in-law of A-3. The Police after investigation by
citing four witnesses including defacto-complainant as LW-1 and her
mother and cousin as LW-2 and LW-3 and the Investigating Officer
as LW-4 filed the final report and the said cognizance order of the
learned Magistrate is the subject matter is the impugnment in these
criminal petitions.
3. Notice sent to the second respondent/defacto complainant
returned as un-claimed and left is the submission in both these
petitions, taken as heard and heard the counsel for the petitioners
and the learned Public Prosecutor representing the State, perused
the FIR and charge-sheet and Part-II Case Diary and the grounds
urged in these quash petitions.
4. Either from the FIR or the statement of the victim/LW-1
recorded by the Police on 29-01-2017, no-way mentions any specific
overt act so far as against A-2 and A-3; mother-in-law and sisterin-law of the defacto complainant concerned but for a stray
allegation in the two pages statement at Page No.2, line Nos.4 and
5 of the husband’s mother and sister also for additional dowry
troubling. There is no further mention as to when they demanded,
where they demanded, what amount they demanded, if any,
which are the pre-requisites even from the Police final report to take
cognizance, leave about for framing of charges from the very
wording of Section 212 of Cr.P.C., but the same is lacking. The filing
of the final report and taking cognizance against A-2 and A-3 per se
unsustainable but for sustainable allegation so far as A-1 in rightly
taken cognizance though not given detailed reasons, which are not
even required from the Police final report as per the latest
expression of the Apex Court.
5. Having regard to the above and in the result while
dismissing Criminal Petition No.64 of 2019, Criminal Petition No.31
of 2019 is allowed by quashing the proceedings in C.C.No. 222 of
3
2018 so far as A-2 and A-3. Bail bonds stands cancelled and they are
acquitted.
5. As a sequel, miscellaneous petitions pending, if any, in the
criminal petitions shall stand closed.
____________________________
Dr. JUSTICE B. SIVA SANKARA RA

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