M.C.V.Subbaiah v. The State Of Ap., Through Sho.,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No. 5 9 7 of 2 0 1 2 ORDER:

This petition is filed seeking for quash of the proceedings in Crime No.46 of 2010 of Tirumala II Town Police Station, Chittoor District.

2.

Heard the counsel for the petitioners and the Public Prosecutor, who took notice for the respondents. 3.

The counsel for the petitioners contends that except a bare allegation that the petitioners herein purchased Melchat Vasthram Seva Tickets from A18, there are no other allegations against them.

4.

The allegations mentioned against A20/ first petitioner are that he gave amount to A18-G.T.Prakash, for purchase of Melchat Vasthram Seva Tickets and as against A21/ second petitioner the allegations are that he also purchased two Melchat Vasthram Seva Tickets by paying huge amounts, for which they are not eligible in the ordinary course.

5.

A perusal of the complaint, which is lodged by the Assistant Vigilance and Security Officer, Tirumala, shows that the role of the accused is specifically mentioned under the said head. Hence, how far the petitioners are responsible for purchase of the tickets and whether the petitioners were purchasing the tickets from A18 and whether they have been benefited from the same, is a matter, which has to be gone into at the time of trial.

6.

This Court considers that this is not a fit case for quashment. However, the submission of the petitioners' counsel that the arrest of the petitioners may be stayed can be considered. The police are directed not to arrest, unless it is very much necessary in the proceedings and they may file an appropriate petition for the arrest of the petitioners before the court below when they feel it necessary.

7.

With the above observations, the Criminal Petition is disposed of. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J November 6, 2017 LMV