Kandipati Nageswara Rao v. The State Of A.P

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.9045 of 2017 ORDER:

Heard learned counsel for the petitioner/ A1 of Crime No.77 of 2016 on the file of Chittamuru Police Station, S.P.S.R.Nellore District, registered for the offences punishable under Sections 420, 406, 506, 120b r/ w 34 I.P.C. and also learned Public Prosecutor representing the State before ordering notice to the 2nd respondent and perused the grounds urged in the quash petition and the contents of the F.I.R. A perusal of the F.I.R. no way interdicts the investigation, for there is a contention of the learned counsel for the petitioner also drawing attention of this Court to Section 64 C.P.C. of once attached property even any part of it alienated since void and enforceable the question of breach and trust does not arise even by such of imagination. Accordingly, the Criminal Petition is disposed of. However, not to arrest the petitioner/ A1 pending investigation and this will not prevent the Police to secure his presence for investigation as and when required. All defences are left open.

Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 22.09.2017 pab