IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5609 of 2005 Between: Smt. Kiran Kaur W/o. Daljeeth Singh, R/o. 4-10-127, Kishanbagh, Hyderabad. ..... PETITIONER AND 1 The Station House officer, I-Town P.S., Karimnagar, Karimnagar District,. 2 Smt. Hardeep Kaur W/o. Hardeep Singh, R/o. 4-2-130, Kattarampur, Karimnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the FIR/Crime No. 236/2004 on the file of 1st Respondent herein, as illegal, null, void and arbitrary; and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{VSMI} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.5609 of 2005 ORDER: The petitioner questions the registration of case in Cr.No.236/2004 on the file of the Station House Officer, I-Town Police Station, Karimnagar for the offence under Sec.498-A and 494 of IPC and Secs.3 and 4 of the Dowry Prohibition Act. The case of the petitioner is that the 2nd respondent is her brother’s wife, and her brother Hardeep Singh married the 2nd respondent in 2000 at Gurudwara Nanded and 2nd respondent lived with her brother till 13.06.2002, thereafter she left his company and since then the 2nd respondent is living with her mother at Karimnagar. The petitioner is the married lady, living with her husband. On the complaint filed by the 2nd respondent, the afore said crime was registered against the brother of the petitioner and 8 others and the petitioner was shown as Accused No.3. It is stated that the petitioner is nothing to do with any of the allegations made in the complaint, and therefore, registration of the case against the petitioner is illegal and arbitrary. It is further stated that though the petitioner was arrested and released on bail, but she is being put to harassment by the 1st respondent by calling her to the police station now and then under the guise of investigation. This Court while admitting the writ petition, directed stay of the investigation against the accused except against Accused No.1, and the petitioner was directed to behave well with the 2nd respondent. A counter has been filed stating that during course of investigation, 6 witnesses were examined and in fact, the investigation made so far discloses that the husband of the 2nd respondent has not married so far, therefore, the registration of the crime for the offence under Sec.494 is without any justification. In so far as the allegation that the petitioner is being called and harassed, the said allegation has been denied, stating that the petitioner was never called to the police station after she got released on bail. I am of the opinion that the registration of the crime cannot be quashed or set aside without the same being allowed to be investigated by the Investigating Officer unless the contents of the complaint itself do not disclose the commission of a cognizable offence. Having regard to the facts of the case, the Writ Petition is dismissed. However, it is made clear that without harassing the petitioner, as directed by this Court on 28.03.2005, the 1st respondent is directed to complete the investigation and file charge sheet or final report as the case may be. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 16.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House officer, I-Town P.S., Karimnagar, Karimnagar District,. 2 2. 2CCs to 3. 2CD copies