THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.3949 of 2010 Dated:- 20th October, 2011 Between Sd.Yakub …Petitioner AND Sd. Rehana and another …Respondents THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.3949 of 2010 ORDER: - This Criminal Petition has been filed to quash the proceedings in Crime No.39 of 2010 on the file of Garla Bayyaram Police Station, Khammam District. Smt. Sd.Rehana – first respondent herein is the de-facto complainant. She alleges that her marriage with one Sd.Ibrahim was solemnized in the year 1985 and they are blessed with two children. Her further allegation is that her husband has been continuously harassing her demanding additional dowry and threatened her and her children to kill them and subsequently he had also married another woman by name Nazia with the support of his brother – Md.Yakub, Head Constable, Thallada Police Station, who is the petitioner herein. It is also alleged that the petitioner herein has been making telephone calls to her children and threatening them to leave the village. The only submission of the learned counsel for the petitioner is that no specific allegation of dowry harassment has been made against the husband of the de-facto complainant. But as seen from the contents of the complaint, specific allegation of dowry harassment has been made out against the husband of the de-facto complainant and it is mentioned that the petitioner herein is supporting the husband of the de-facto complainant and also threatening her children by making telephone calls. Thus, it cannot be said that no prima facie case is made out against the petitioner. It is settled law that where in a case, on a plain reading of the complaint or the charge-sheet, though the allegations made therein as accepted as true, do not make out a case or does not reveal any offences, then only this Court may exercise its powers under Section 482 Cr.P.C. and quash the proceedings. When it is alleged that the petitioner was supporting his brother who was harassing the de-facto complainant/first respondent herein, now, at this stage, without holding any trial and without examining any witnesses, it cannot be said that allegations made by the first respondent are false. Hence, I do not see any reason to quash the proceedings. Accordingly the Criminal Petition is dismissed. However, having regard to the submission of the learned counsel for the petitioner that the petitioner has been working as Head Constable in Police Department and if he is arrested he may loose his job, the concerned police are hereby directed not to arrest the petitioner till the date of filing of the charge-sheet. _________________________ Justice B.Chandra Kumar 20th October, 2011 Bvv