Estharla Singaiah, v. The State Of Ap.,

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.1263 of 2015 ORDER:

Upon hearing both sides, at the admission stage, the following Order is passed:

As can be seen from the complaint allegations, the petitioner/Accused No.2 is the Head Constable. Himself and his wife using his official position, induced their locality people and others to subscribe chits and collected lakhs of rupees and then cheated them by not paying the amounts.

Having regard to the prima facie nature of accusation made against the petitioner, it is not a fit case to quash the proceedings. Hence, the investigation shall continue. However, considering the submission of the learned counsel for petitioner/Accused No.2 that the petitioner is a Government employee, the Police of Chirala I Town Police Station, Prakasam District, are directed to strictly follow the procedure contemplated under Section 41-A Cr.P.C. towards the petitioner/Accused No. 2 during the course of investigation. The petitioner shall cooperate with the investigating agency for smooth completion of investigation.

With the above observation, the Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any, pending shall stand closed.

______________________ U.DURGA PRASAD RAO,J 03-03-2015 Note: Issue C.C. by tomorrow.

eha

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

CRIMINAL PETITION No. 1263 of 2015 Dt. 03.03.2015 eha