T.Nooka Raju , Babu Rao, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9054 of 2016 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Cr.No.870/15-16 of Prathipadu police station, East Godavari District, registered for the offences punishable under Sections 7(a) read with 8 (e) of the Andhra Pradesh Prohibition Act, 1995 read with 34 (e), 34 (2), 31 (1) (f), 41, 42 (c) of the Andhra Pradesh Excise Act, 1968.

2. Heard the learned counsel for the petitioner/A3 and the learned Additional Public Prosecutor, representing the State.

3. Specific allegations are made against the petitioner 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.

4. In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the investigating

agency to proceed with the investigation, however, without arresting the petitioner/A.3 in the above crime, till the investigation is completed and the charge sheet is filed.

The petitioner/A.3 shall appear before the investigating agency as and when required during course of investigation.

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

__________________ M.S.K.JAISWAL,J 24.06.2016 DRK THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9054 of 2016

24.04.2016