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High Court for State of TelanganaCRLP/6707/2015disposed of no costs

Kanagala Nagabhushanam v. The State Of Andhra Pradesh

2015-07-28B.Siva Sankara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH CRIMINAL PETITION No.6707 of 2015 Between :

Kanagala Nagabushanam S/o.Gangulaiah and seven others.

... Petitioners/Accused Nos.1 to 8 AND The State of Andhra Pradesh Rep. by Station House Officer, the Women U/G Police Station, Kadapa District and another.

... Respondents DATE OF JUDGMENT PRONOUNCED: 28.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

Yes/No

3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6707 of 2015 ORDER :

This criminal petition is filed by the petitioners/A.1 to A.8 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.5 of 2015 of Women U/G Police Station, Kadapa District, registered for the offences punishable under Sections 498-A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioners as well as the 2nd respondent-State represented by the Public Prosecutor, before admission and before notice to the 1st respondent and perused the material on record.

3. The above crime is registered for the offences punishable under Sections 498-A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, out come of the report of the 2nd respondent-de facto complainant and it is pending investigation.

4. A perusal of the material falls short for this Court to quash the proceedings of the F.I.R.No.5 of 2015, but for the factual matrix entitles the petitioners to the concession of bail.

5. Hence, the criminal petition is disposed of by giving liberty to the petitioners to surrender before the learned Magistrate concerned and move for regular bail application with notice to Assistant Public Prosecutor. In such an event, the learned Magistrate shall grant bail preferably on the same day with necessary conditions. Needless to

say, the learned Magistrate shall dispense with the personal appearance of the petitioners at the post bail stage and pending investigation. It is further needless to say, in the event of filing of final report by the police and any cognizance taken by the learned Magistrate, the further remedies, if any, are left open to the petitioners.

6. Miscellaneous petitions pending, if any, shall stand dismissed ____________________________ Dr. B. SIVA SANKARA RAO, J 28th July 2015.

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