Chennu Venkata Vara Kumar v. State Of Telangana

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 13260 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 63 of 2016 on the file of Station House Officer, Police Station, Nallakunta, Hyderabad, registered for the offences punishable under Section 494 IPC. Heard the learned counsel appearing for the petitioner/Accused No. 1, and the 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 petitioner/Accused No. 1 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.

Considering the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation strictly following the parameters laid down under Section 41-A Cr.P.C as well as the guidelines formulated by the Apex Court in the case of Arnesh Kumar v. State of Bihar and another (Crl.Appeal No.1277 of 2014) by

issuing notice afresh and complete the investigation as expeditiously as possible..

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 16th September, 2016.

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