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High Court for State of TelanganaCRLP/232/2019dismissed

Nomula Manish Reddy v. The State Of Telangana

2019-03-20Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.2 3 2 OF 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.4 to quash FIR No.249 of 2018 of Shamirpet Police Station, Cyberabad, Rangareddy District, registered for the offence punishable under Section 307 read with 34 of IPC.

2.

Heard the learned counsel for the petitioner/ A.4, the learned Additional Public Prosecutor representing respondent No.1/ State and perused the record.

3.

Learned counsel for the petitioner/ A.4 would submit that the petitioner/ A.4 is an innocent person and is falsely implicated in this case and ultimately prayed to allow the petition. 4.

Learned Additional Public Prosecutor representing the respondent/ State opposed the relief sought by the petitioner/ A.4 5.

As seen from the record, there are allegations against the petitioner/ A.4 and his name is also found in the FIR. To protect the interest of juvenile, there is an enactment viz., Juvenile Justice (Care & Protection of Children) Act, 2015 (for short 'the Act'). All juveniles are required to be proceeded against in accordance with the provisions of the said Act. Since there are allegations constituting the offence punishable under Section 307 read with 34 of IPC, it cannot be said that there are no grounds to register the First Information Report and proceed

with the investigation. The continuation of investigation against the petitioner/ A.4 is not an abuse of process of law. The criminal petition is devoid of merit and is liable to be dismissed. 6.

In the result, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J Date: 20.03.2019 ssp