DODDAMANI ANIL KUMAR Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed declaring the action of the respondents herein in registering, investigating the FIR No.66/2013 culminated into the PRC No.90/2014 pending on the file of the Addl. Judicial First Class Magistrate, Ananthapuram as being illegal and arbitrary and consequently quash same.

(2.) The grievance of the petitioner is that the petitioner's marriage with the 4th respondent was solemnized on 23/5/2012 at CSI Church, Ananthapur. Later, due to disputes between the petitioner and the 4th respondent, the petitioner filed MC No.12 of 2013 on the file of Senior civil Judge, Yadgiri for restitution of conjugal rights. As a counter blast to the said case, the 4th respondent lodged a false and frivolous complaint against the petitioner by concocting a false story before the 2nd respondent who in turn endorsed the same to the 3rd respondent to take action as per law vide FIR No.66 of 2013 and after competition of investigation the respondent police filed charge sheet and the same was numbered as PRC No.90/2014 pending on the file of Additional Judicial First Class Magistrate, Ananthapuram. It is main grievance of the petitioner that the respondents NO.2 and 3 without looking at the allegations in the complaint lodged by the 4th respondent, registered FIR and took up the investigation even though they haveno jurisdiction to investigate into the alleged offence. Therefore, in view of the above circumstances, the PRC No.90/2014 pending on the file of Additional Judicial First Class Magistrate, Ananthapuram arising out of crime in FIR No.66/2013 is liable to be quashed.

(3.) This Court vide order dtd. 25/8/2015 while issuing Rule Nisi, had granted interim direction as prayed for and the same is extended from time to time.