Karanam Nageswara Rao v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4331 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in crime No.24 of 2016 on the file of the P.S., China Ganjam, Prakasam District, registered for the offences under Sections 384, 420 and 506 IPC read with Section 34 IPC. Heard and perused the material.

Learned counsel for the petitioner submits that aggrieved over the complaint filed by the petitioner against the de facto complainant for the offence under Section 138 of the Negotiable Instruments Act, the present complaint has been filed by the complainant with all false allegations. On perusal of the entire material available on record, prima facie there are allegations against the petitioner, which are to be investigated into by the police. Hence, this Court is not inclined to quash the impugned proceedings at this stage.

Considering the facts and circumstances of the case, this Court is of the view that the custodial interrogation of the petitioner is not necessary for investigation and as such, the police are directed to complete investigation without arresting the petitioner and file final report, if any, in accordance with law. The police are directed to issue notice to the petitioner for his appearance for the purpose of investigation and the petitioner is also directed to appear and cooperate with the investigating agency. The petitioner is also directed to submit an Undertaking for his future appearance for the purpose of investigation.

The Criminal Petition is accordingly disposed of. Miscellaneous Petitions pending in this Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 29.03.2016 pln