IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8427 of 2005 Between: Syed Shakeel Ahmed, S/o. Ghouse Mohiuddin, R/o. Udayagiri, Nellore District. ..... PETITIONER AND 1 The Sub-Divisional police Officer/ Deputy Superintendent of Police, Kavali, Nellore District. 2 The Station House Officer, Udayagiri, Nellore District. 3 Dr. B. Suhasini @ Shameem Begum, employed as Doctor, Primary Health Centre, Norvoda, Nellore District. .....RESPONDENT(S) 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 issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the actionofthe 2nd respondent in registering a case against he petitioenr in FIR No.7/2005 under Sections 498(!), 417 IPC and Section 3(i)(x) of S.c.s.T. (Prevention of Atrocities) Act on instructions from the Superintendent of Police, Nellore as illegal, arbitrary, unjust and to declare the inactionof the respondents 1 and 2 in considering the representation of the Petitioner dt. 15-3-2005 and investigate in the case having regard to the facts mentioned therein and trying to arrest the petitioner without any prima facie case being made out as ilelgal, arbitrary and unjust and in violation of Articles 14 and 21of Constitution of India and the provisions of S.C.S.T. (Prevention of Atrocities) Act r/w the rules framed therein and consequently quash and set aside the FIR No. 7/2005 registered by the 2nd respondent against the petitioner and pass such other order and further reliefs as this Hon'ble Court deems fit andproper in the interests of justice. Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8427 of 2005 ORDER: Challenging the action of the 2nd respondent in registering a case against the petitioner for the offences punishable under Sections 498-A and 417 IPC and Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”), this writ petition has been filed. It is the case of the petitioner that he is a Muslim and married one Shaik Shahida Begum of Nellore and having fell in love with the 3rd respondent, who embraced Islam on 24-06-1998, he also married her. It is stated that a suit filed by his first wife was dismissed and the application filed for restoration of the said suit along with a petition for delay condonation are pending and this fact and also the fact of the 1st marriage of the petitioner are known to the 3rd respondent. It is also stated that his first wife lodged a complaint against him and the 3rd respondent in C.C.No.822 of 2000 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Nellore, and that the 3rd respondent was discharged on an application made by her. It is stated that the 3rd respondent being in the clutches of her relatives, lodged a complaint against the petitioner to the Superintendent of Police, Nellore, on 03-03-2005 and a case in Cr.No.7 of 2005 was registered for the offences punishable under Sections 498-A and 417 IPC and Section 3(i)(x) of the Act. The only grievance of the petitioner is that as the 3rd respondent embraced Islam, the question of registration of the crime under the provisions of the Act does not arise. A counter affidavit has been filed by respondents 1 and 2 to the effect that the 3rd respondent lodged a report before the 2nd respondent on 04-03- 2005 alleging that the petitioner married second time, demanded additional dowry of Rs.3,00,000/- and tortured her mentally and physically and also abused her by touching her caste. It is also stated that the investigation in the matter has been taken up and eighteen witnesses were examined and that after taking into consideration all the aspects of the representation of the petitioner as well as the depositions of the witnesses examined, and also the order of the Judicial Magistrate of First Class, Nellore, in Crl.M.P.No.256 of 2001 in C.C.No.822 of 2000, the 2nd respondent thought it fit to proceed further as there is prima facie case against the petitioner attracting the provisions of the Act. Though notice served, the 3rd respondent did not choose to contest the matter. The only grievance of the petitioner is with regard to registration of the crime under the provisions of the Act, though the 3rd respondent embraced Islam and she is no more a scheduled caste person. Prima facie, the 3rd respondent converted herself into Islam and married the petitioner and to that effect, Nika certificate was also filed along with the writ petition. As already stated above, the 3rd respondent did not choose to contest the matter or file any counter. Having regard to the facts and circumstances of the case, the FIR in Cr.No.7 of 2005 of Udaygiri Police Station, Nellore District, insofar as it relates to registration of crime for the offence under Section 3(i) (x) of the Act is quashed. However, the respondents shall proceed with the investigation of the case in respect of the offences punishable under Sections 498-A and 417 IPC. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 01-05-2008 Prv ..... 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