IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE 2nd DAY OF JULY, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.983 of 2008 Between: J.Vijaya Kumar and others … Petitioners And The State of A.P. and another … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.983 of 2008 ORDER: - On forwarding the complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (for brevity, “Cr.P.C.”) by the Magistrate to the Police, the police registered a case in crime No.270 of 2007 on 23.10.2007 for the offences punishable under Sections 498(A), 354 and 509 of the Indian Penal Code, 1860 (for brevity, “IPC”) and Sections 3 and 4 of Dowry Prohibition Act, 1961 against the petitioners/accused, which is now sought to be quashed by the petitioners contending that A2 to A4 mother-in-law, father-in-law and brother of the deceased respectively, have been falsely implicated and A5, who is the friend of A1, cannot be implicated for the said offences. The complaint allegations goes to show that A1 used to harass the complainant and A2 to A4 supported A1 and that they told that they will do another marriage to A1. A1 instigated A4 and A5 to harass the complainant. As per the advise of A1 on 15.08.2005 at 6.30 p.m. A4. who is the brother of A1, came to Guntakal at the residence of complainant and insulted her stating that how she would lead marital life as his brother is always a drunkard and without he, how do she live and satisfy her desire physically and sexually. On 20.08.2005 at 1.30 p.,m., A5 came to the house of complainant and harassed her in indecent words and used abusive language. Since the complaint allegations clearly discloses that A4 and A5 used abusive language against the complainant and committed an offence punishable under Section 509 IPC, the Magistrate forwarded the same to the police. The police are under an obligation to investigate the same and, therefore, it is not a fit case where the investigation should be scuttled by quashing the proceedings. Accordingly, the Criminal Petition is dismissed. However, on A2 to A5 co-operating with the investigation and attends all the days when they were summoned to be examined by the police, they should not be arrested for their non-appearance. If they failed to co-operate with the investigation and obey the summons, it is always open for the police to take coercive steps to secure their presence. _______________ A.GOPAL REDDY, J 2st July 2010 lmv