Kattamuru Chitteswara Rao v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4708 OF 2016 ORDER:

This petition is filed by the petitioner-accused No.2 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.27 of 2016 on the file of Atchutapuram Police Station, Visakhapatnam Rural, Visakhapatnam District, registered for the offences punishable under sections 420 and 506 r/w.34 IPC. Heard and perused the Material available on record. It is alleged that the petitioner after entering into an agreement of sale to sell the property to the de facto complainant, and after receiving Rs.25,00,000/- as advance, he sold the same to the third parties. The truth or otherwise of the above said allegations can be ascertained during the enquiry. Therefore, this Court is not inclined to interfere with the investigation against the petitioner.

At this stage, the learned Counsel for the petitioner submitted that due to the pendency of the above crime, the petitioner apprehends arrest and harassment in the hands of the police. In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police concerned are directed to issue notice to the petitioner for his appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________ RAJA ELANGO, J April 04, 2016.

KTL