Sk.Mahaboob Sharif v. Shaik Haseena

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12274 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.104 of 2016 of Buchireddipalem P.S, SPSR Nellore District, registered for the offences punishable under sections 448, 290, 323, 352, 361 & 363 r/w.34 IPC.

Heard the learned counsel appearing for the petitioners/A 1 to A3 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioners in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report. In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/A1 to A3 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioners/A1 to A3 shall cooperate with the investigating agency and shall make themselves available as and when required during course of investigation.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 24.08.2016 Dsr