Tetali Rajasekhar v. The State Of A.P.,Rep.,Pp

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.7507 of 2015 Between:

Tetali Rajasekhar ... Petitioner and The State of Andhra Pradesh through S.H.O, Machavaram Police Station, Vijayawada City rep. by the Public Prosecutor and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 05-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes/No

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7507 of 2015 ORDER :

This petition is filed by the petitioner under Section 482 Cr.P.C to quash the proceedings in Crime No.369/2015 of Machavaram Police Station, Vijayawada City, registered for the offences punishable under Sections 420, 467, 471, 384, 457, 506, 120-B, read with 34 I.P.C.

2) The above crime was registered against the petitioner and another accused No.2 Chiranjeevi. The petitioner is Rajasekhar. Heard the learned counsel for the petitioner and the 1st respondent-State represented by the Public Prosecutor before admission, before ordering notice to the 2nd respondent and perused the material on record, more particularly the report of the defacto-complainant dated 17.06.2015.

3) It is the contention of the learned counsel for the petitioner/A-1 that he is only a conduit pipe if at all between Chiranjeevi the prospective buyer of the apartment of the defacto-complainant and the other allegations are baseless, but for some money transaction between the petitioner/A-1 and the defacto-complainant that reflects in Cosmos Cooperative Bank account of the petitioner, cheque cleared for Rs.23,50,000/- to the defacto-complainant on 08.05.2014 and thereby the F.I.R proceedings are to be quashed.

4) Having regard to the above, the material falls short to admit the petition under Section 482 Cr.P.C to quash the proceedings as the investigation shall go on from the allegations made in the report. However, in the factual matrix, the petitioner is entitled to the concession of bail and the petitioner is given liberty to surrender before the learned Magistrate concerned and move for regular bail with notice to the A.P.P concerned and in such an event, the learned Magistrate shall hear and grant bail preferably on the same day with necessary conditions.

5) With the above observations, the criminal petition is disposed of. As a sequel, miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.5th August, 2015 KSH