J.Laxminarayana v. The State Of Ap

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.2805 OF 2018 ORDER:

This petition is filed by the petitioner/accused No.6 under Section 482 Cr.P.C. to quash the proceedings in Crime No.10 of 2018 on the file of the Station House Officer, Karamchedu Police Station, Prakasam District, registered for the offences punishable under Sections 323, 384, 506 and 509 read with 34 I.P.C. 2.

Heard learned counsel for the petitioner, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

3.

Learned counsel for the petitioner would submit that there is civil litigation between the parties to the dispute. Further, the Executive Magistrate of Karamchedu issued proceedings under Section 107 Cr.P.C. against the petitioner and other litigants. 4.

In view of civil litigation and invocation of proceedings under Section 107 Cr.P.C., the truth or otherwise of the allegations made in the report, dated 25.01.2018 are required to be determined after due investigation. However, the interest of the petitioner is required to be protected.

5.

Therefore, the Station House Officer/Investigating Officer concerned shall complete the investigation and file final report, without arresting the petitioner-A.6. The petitioner-A.6 shall co-operate with the Investigating Officer.

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 Date: 07.03.2018 Ivd