P.Ram Kumar v. K.Surya Prakash
THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.1097 OF 2019 ORDER:
Impugning the First Information Report in Crime No.822 of 2018 registered by the Madhapur (Guttala) Police Station, Cyberabad, for the offences punishable under Sections 406, 420 & 506 of the Indian Penal Code, 1860, on the report of the 1st respondent-de facto complainant, the petitioner/A-2 filed the quash petition.
2.
Heard learned counsel for the petitioner and learned Public Prosecutor, representing the 2nd respondent-State in opposing the same, before ordering notice to the 1st respondent and before admission. Perused the First Information Report and quash petition averments.
3.
A perusal of the First Information Report and quash petition averments no way entitles this Court to quash the proceedings or admit by keeping the matter pending, but for to say for none of the offences are punishable above seven years, the police strictly follow Section 41-A of the Code of Criminal Procedure, 1973, and also the guidelines as held by the Apex Court in Arnesh Kumar Vs. State of Bihar1. 4.
Accordingly and in the result, the Criminal Petition is disposed of without prejudice to any future defence of the petitioner. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.
_______________________________ DR.B.SIVA SANKARA RAO, J Date: 25th February, 2019 KL 1 (2014) 8 SCC 273
Dr. SSRB,J Crl.P.No.1097 of 2019 THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.1097 OF 2019 Date: 25th February, 2019 KL