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High Court for State of TelanganaCRLP/1739/2018disposed of no costs

Cherukuri Madhavi v. State Of Telangana

2018-02-15Shameem Akther1 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.1739 OF 2018 ORDER:

This petition is filed by the petitioner-A2 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.55 of 2018 on the file of the Station House Officer, Vanasthalipuram Police Station, Rachakonda District, which was registered for the offences punishable under Sections 304-II, 337 and 279 IPC. 2.

Heard learned counsel for the petitioner, learned Assistant Public Prosecutor representing the State and perused the record.

3.

This case is registered on occurrence of an accident caused by the lorry driver bearing Lorry No. AP 11 V 6264. It is alleged that the petitioner-A2 is the owner of the lorry. On occurrence of the accident, the police concerned have registered the crime for the offences referred above.

4.

The contention is that the allegations do not constitute an offence punishable under Section 304-II IPC, it may be under Section 304-A IPC. Moreover, as per the record placed before this Court, the petitioner is a woman and owner of the crime lorry. Therefore, she is required to be protected from arrest.

5.

Under these circumstances, the Investigating Officer shall not arrest the petitioner-A2 in the above crime during investigation, complete investigation and file final report. 6.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this Criminal Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 15-02-2018.

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