D.Venkatappa Rao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2453 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 to A-3 in Crime No.22 of 2016 of Station House Officer, Vinukonda Town Police Station, Guntur District for the offences punishable under Sections 323, 324, 354 and 506 read with Section 34 IPC. Heard the learned counsel for the petitioners/A-1 to A-3 and the learned Public Prosecutor and perused the material available on record.

Admittedly, the 2nd respondent lodged a complaint against the petitioners wherein specific allegations are made against the petitioners, the truth or otherwise of which can be adjudicated only after due investigation into the crime by the investigating agency and the same cannot be determined at the threshold. It is further alleged that there is a delay of two days in giving a complaint to the police.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against the petitioners, this Court is not inclined to quash the proceedings against the petitioner/A-1 to A-3. However, in view of the submission of the learned counsel for the petitioners that the petitioners/A-1 to A-3 are apprehending of their arrest in view of pendency of the above crime, the Vinukonda Town Police Station, Guntur District is directed to complete investigation without arresting the petitioners/ A-1 to A-3 and file the final report in accordance with law. The petitioners/A-1 to A-3 are directed to

appear before the Investigating Agency as and when their presence is essentially required and cooperate with the Investigating Agency.

With the above direction, the Criminal Petition is dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_________________ RAJA ELANGO, J Date: 25-02-2016 Ksn