Shaik Siddayya v. Kancharla Kishore Kumar

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 13590 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 464 of 2016 on the file of Station House Officer, Penamaluru Police Station, Vijayawada City, Krishna District, registered for the offences punishable under Sections 427, 323, 506 read with Section 34 IPC. Heard learned counsel appearing for the petitioners/Accused, and learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is obvious that specific allegations were made against the petitioners/Accused 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.

However, considering the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/Accused in the above crime, till the investigation is completed and charge sheet is filed. The petitioners/Accused shall appear before the investigating agency

as and when required/summoned during the course of investigation and cooperate with the investigating agency for early completion of the investigation.

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 26th September, 2016.

Note: CC in two days (BO)Msnrx