THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.2764 OF 2010 ORDER: This petition is filed under Section 482 of Cr.P.C., seeking quashing of further proceedings in Cr.No.34 of 2010 of II Town police station, Chirala. 2. Heard both sides. Perused the records. 3. On a complaint given by the 2nd respondent, police registered the above case against the petitioners- A1 to A5 for the offences under Sections 498-A, 506, 509, 323 r/w 34 IPC. According to the complainant, her husband Jayakumar died on 17.11.2009 on account of H.I.V. disease and that the complainant along with her children were forced to take shelter in her in-law’s house as she could not go to her parents’ house and taking advantage of the helpless condition of the complainant, the accused have been harassing and ill-treating the complainant and her children. Petitioners 1 and 2-A1 and A2 are the brothers; 3rd petitioner is the mother; and petitioners 4 and 5 are the sisters of the husband of the complainant. 4. It is further alleged in the complaint that after the death of her husband, 1st petitioner-A1 developed evil intention against the complainant and was openly threatening her with dire consequences. The various acts of the alleged harassment on the part of the accused towards the complainant and her children are narrated in the complaint. The truth or otherwise of the said allegations is a matter for investigation. 5. Learned counsel for the petitioners would submit that earlier, on a complaint given by the complainant against her husband, the police have investigated and filed a charge sheet in C.C.No.50 of 2007 on the file of the learned Junior Civil Judge, Chirala under Sections 498-A and 506 IPC and in the said charge sheet no allegation of harassment was ever made against the petitioners herein. 6. As seen from the said charge sheet in C.C.No.50 of 2007, the specific allegation made against the husband was that he was harassing the complainant, physically and mentally, for non-cooperating with him in the matrimonial life though he was blessed with a child. Subsequently, the husband died. The said allegation made against the husband in the earlier complaint in C.C.No.50 of 2007 has nothing to do with the present case and the allegations in the present complaint against the petitioners pertain to the alleged harassment made by them subsequent to the death of the complainant’s husband. The very case of the complainant is that on account of her helpless condition, due to the death of her husband, the petitioners- accused are attempting to exploit her. Having regard to the nature of the allegations contained in the First Information Report, which require thorough investigation, it is considered not a fit case to invoke the inherent powers of the Court and quash further proceedings in F.I.R.No.34 of 2010 under Section 482 Cr.P.C. However, petitioners-A1 to A5 may not be arrested till completion of the investigation. 7. In the result, Criminal Petition is dismissed, subject to the above direction. Interim stay granted on 22.03.2010 stands vacated. _______________________ G.V.SEETHAPATHY, J 13th October, 2010 Tsy