M/S. North East Agro Commodities, v. The State Of A.P.

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3936 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/ accused Nos.1 and 2 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.63 of 2015 of III Town Police Station, Nizamabad registered for the offences punishable under Sections 420, 323, 506, 406, 427 and 447 IPC for the alleged occurrences dated 20.02.2015 and 28.02.2015 respectively.

2) Heard learned counsel for the petitioners/ accused Nos.1 and 2 as well as the 1st respondent representing through public prosecutor before admission and before ordering any notice to the 2nd respondent-de facto complainant. Perused the material on record.

3 ) A perusal of the material falls short for this Court to admit the application under Section 482 Cr.P.C to quash the FIR proceedings but for to observe the investigation shall go on. However, the case otherwise admits the petitioners entitlement to the concession of bail, thereby the application is disposed of, by giving liberty to the petitioners to surrender before the learned First Additional Judicial First Class Magistrate, at Nizamabad and move for regular bail with notice to learned Assistant Public Prosecutor concerned and in such an event, the learned First Additional Judicial First Class Magistrate shall consider for granting bail in their favour with necessary conditions preferably on the same day, including assurance of availability and non interference with witnesses and cooperation for investigation. Needless to say after completion of investigation and in the event of police filing final report in the form of charge sheet, any remedy of the petitioners is left open.

4) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.05.06.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3936 of 2015

Date: 05.06.2015

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