Bomras Shamalamma v. C. Srinivas

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12187 of 2016 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioner/A2 seeking to quash the proceedings in F.I.R.No.49 of 2016 on the file of Doma Police Station, Doma, Ranga Reddy District, registered for the offences punishable under Section 379 I.P.C. and Section 21(4) of Mines and Minerals (Development and Regulation) Act and Section 3 of Prevention of Damage to Public Property Act.

2. Heard learned counsel for the petitioner/A2 and learned Additional Public Prosecutor representing the State.

3. As seen from the complaint, there are certain allegations against the petitioner/A2. Truth or otherwise of the allegations made in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is of the considered view that this is not a fit case to quash the proceedings against the petitioner. However, the police concerned are directed to proceed with the investigation without arresting the petitioner/A.2. The petitioner/A.2 is directed to appear before the investigating agency, as and when required, and cooperate with the investigating agency.

4. With the above direction, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________ M.S.K.JAISWAL,J Date:23.08.2016 KH