Thummalapally Padmavathi v. Thummalapalle Veerabhadra Rao

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8170 of 2015 ORDER :

The Criminal Petition is filed by the petitioners/Accused Nos.1 to 5 under Section 482 Cr.P.C to quash the proceedings in Crime No.68 of 2015 of Thallada Police Station, Khammam District registered for the offence punishable under Section 379 I.P.C.

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

3) In fact, the material falls short for this Court to admit the application under Section 482 Cr.P.C at this stage to quash the crime proceedings as the witnesses to be examined as per the report of the defacto-complainant to ascertain, thereby the investigation shall go on.

4) Having regard to the above, the application is disposed of, however from the entitlement of concession of bail, giving liberty to surrender before the learned Magistrate and move a regular bail application with notice to A.P.P concerned and in such an event, the learned Magistrate shall grant bail with necessary conditions on the same day. Needless to say the learned Magistrate can dispense with the presence of the petitioner at post

bail stage. Further remedies, if any, to the petitioner after filing final report and after taking cognizance by the learned Magistrate, are left open.

5) Consequently, the miscellaneous petitions, if any pending, shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J 22.09.2015 ksh