K. Premasagar Rao v. Challogonda Rajeshwar Rao

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7427 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioner/accused in Crime No.143 of 2015 of Jaipur Police Station, Adilabad District, registered for the offences punishable under Sections 420 466, 471, 120(B) read with 34 of IPC and Sections 4 and 5 of the A.P. Land Grabbing Act.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against petitioner/accused are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioner/accused. On perusal of the material available on record, it is clear that another accused in Crime No.143 of 2015 filed W.P.No.30296 of 2015 and also W.P.M.P.No.39176 of 2015 and by order dated 16.09.2015, this Court directed the investigating officer to proceed with the investigation, however, by staying the arrest of that accused alone. The present petitioner is also said to have been accused in the same crime.

Considering the facts and circumstances of the case and in view of submissions of the learned counsel for petitioner that petitioner-accused is apprehending of his arrest in view of the pendency of the above crime, the police concerned are directed to complete the investigation into the crime without arresting the

petitioner/accused and file the final report, if any, in accordance with law. However, in the event of necessity, the police concerned are directed to issue notice to petitioner/accused requiring him to appear before the investigating agency for the purpose of investigation and on issuance of such notice, the petitioner/accused 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.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. __________________ M.S.K.JAISWAL,J Date: 06.06.2015 kvrm