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KESARI KUMAR   24 April 2016

Writ of mandamus on 498 a

May I request you for some advice and guidance .
A case of 498 A / 420 / 406 / 4 and 6 of dp act which was pending at the XIII Addl Chief Metropolitan Magistrate , Nampally , Hyd was quashed by High Court Hyd  on 20 April 2016 against 4 accused A1 to A4 Complainants Husband , Father-in -law , Mother-in-law and Sister-in law on mutual compromise basis and a MOU was signed by both parties on Rs 100=00 Stamp paper on 7 Jan 2016 .
The MOU states that the Complainant will withdraw all the criminal case against the above accused. 
A WRIT OF MANDAMUS was filed by the Complainant in Aug 2015 at High Court , Hyd in which there are 4 respondants 
1 The State of Telangana Rep. by its Principal Secretary,
2 The Commissioner of Police, Basheerbagh, Hyderabad.
3 The Station House Officer, W.P.S. C.C.S. Hyderabad.
4 Accused No 1 Husband of Complainant.

 
 
 
The main Prayer of the text states as Issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not arresting and executing N.B.Ws against the 4th respondant on the file of the Court of XIII Addl. Chief Metropolitan Magistrate at Nampally Hyderabad is illegal, arbitrary, contrary to the provisions of Criminal Procedure code and consequently direct the respondents 2 and 3 to Forthwith arrest and execute N.B.W against the 4th respondent and pass
Now the Complainant after taking the DD Amount as mentioned in the MOU does not want to withdraw the above WRIT OF MANDAMUS in High Court , HYD
Kindly advice what needs to be done 
Thanks and Regards,.
Kesari Kumar


Learning

 1 Replies


(Guest)
498a complainant cannot withdraw... Fr further pm me

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