Refused To Quash FIR: Continuity in Investigation but Prevents Arrest of Judicial Officers: Telangana High Court Directs

Hyderabad, Oct 20, 2023 - In a significant decision, the Telangana High Court, presided over by Hon'ble Justice G. Anupama Chakravarthy, ruled that the investigation into a case involving multiple accused, including Judicial Officers, will continue. However, the court directed that the accused should not be arrested.

The case drew attention as both the complainant and one of the accused are Judicial Officers. Moreover, other accused also hold various positions in the judiciary or are family members related to the accused.

Justice Chakravarthy noted, "It is the specific contention of the learned Senior Counsel appearing for the petitioners that petitioner No.5, is brother-in-law of accused No.1, is also a Judicial Officer, and he was undergoing training during the period of alleged incident. But, he was falsely implicated in the case."

The court made a critical observation about the delay in filing the complaint. "The contents of the complaint itself disclose that there is a delay of eight months in preferring the complaint. The second respondent is not a layman but a Judicial Officer and cannot take a lame excuse for the delay in filing the complaint," said Justice Chakravarthy.

The case involves allegations of dowry harassment and caste-based discrimination among other charges, drawing charges under the IPC, the Dowry Prohibition Act, and the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act.

Assistant Public Prosecutor representing the state opposed the quashing of the FIR and contended that the complaint "is of six pages which has sufficient material to be investigated into."

The court concluded by stating, "This Court is of the considered view that the Investigating Officer shall continue the investigation and shall file an appropriate report before the concerned Court, but shall not arrest the petitioners herein."

With this order, the Telangana High Court has put a temporary halt to the arrest of the accused while allowing the investigation to proceed, emphasizing the necessity for due process and caution given the sensitive and high-profile nature of the case.

 Date of Decision: 20.10.2023

 Devarapalli Devendra Babu and Others vs The State Of Telangana and Others

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