Golla Sekhar v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4067 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings initiated against the petitioner/A-4 in Crime No.17 of 2016 of Sakhinetipalli Police Station, West Godavari District, registered for the offences punishable under Section 366 read with Section 34 IPC. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The main grievance of the petitioners is that the petitioner is no way concerned to the alleged offence as he is no way related to the other accused and that at the time of alleged incident, in fact, the petitioner was at his work place attending his duties. The petitioner further contends that the missing girl has already been rescued, in which case the petitioner cannot be prosecuted for the alleged offence. As the petitioner is no way concerned to the alleged offence, no criminal liability can be fastened against the petitioner. Having regard to the facts and circumstances of the case and in view of the fact that the case is under investigation, this Court is of the view that all these contentions as raised herein can be raised before the investigating agency, which can consider the same during investigation and this Court cannot decide all these contentions invoking the jurisdiction under Section 482

Cr.P.C., and hence, the criminal petition is liable to be dismissed.

Accordingly, the criminal petition is dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________ RAJA ELANGO, J Date: 28-03-2016 Ksn