S GOPAL REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals arise against the Judgment of our learned brother Anjaneyulu, J., one by the 5th respondent and another by the writ petitioner.

(2.) The writ petitioner is an Advocate practising in this Court. He averred in the affidavit filed in support of the writ petition that he lodged a complaint with the police against respondents 5 and 6 and the Police filed a charge-sheet against those respondents under Sec. 420 IPC and also under Sec. 4 of the Dowry Prohibition Act, 1961 as amended by Act 63 of 1984 and by a letter dated 14-10-1986 he made a representation to the 2nd respondent the Director of National Police Academy to initiate appropriate action to ensure service of summons on the accused-respondent No. 5 in the Criminal case pending against him and also take disciplinary action against him for his misconduct for demanding dowry in violation of the provisions of the Dowry Prohibition Act. A similar request was made to the 4th respondent, the Registrar of Osmania University to take disciplinary action against the 6th respondent who is the store-keeper working in the Nizam's College, Hyderabad, said to have abetted the above offence.

(3.) The affidavit does not disclose the facts constituting the offence committed by respondents 5 and 6. However, we have to gather the same from the charge-sheet filed against them on the file of the XVII Metropolitan Magistrate in C.C. No. 445 of 1986. In short, the facts constituting the offence of cheating and also the violation of Section 4 of the Dowry Prohibition Act are demanding of dowry for agreeing to marry the daughter of the writ petitioner ; it is stated that the 5th respondent having agreed to marry the petitioner's daughter Kum. Vani on taking some property towards dowry, but went on increasing the demand and ultimately refused to marry the said girl and also married another girl contrary to the original agreement between the parties.