Sirigineedi Ravi v. State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CRIMINAL PETITION No.6742 of 2015 Between:

Sirigineedi Ravi .. Petitioner/ accused No.1 And The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court, at Hyderabad and another .. Respondents DATE OF JUDGMENT PRONOUNCED: 31-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6742 of 2015 ORDER :

This Criminal Petition is filed by the petitioner/ accused No.1

under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.8 of 2015 of Ramachandrapuram Police Station, East Godavari District for the offences punishable under Sections 420, 423, 341 r/w 34 IPC against the petitioner and accused No.2.

2) Heard learned counsel for the petitioner/ accused No.1 and 1st respondent-State represented by learned Public prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant and perused the material.

3) It is the contention of the learned counsel for the petitioner that the report is given by the de facto complainant on 06.01.2015 for the alleged occurrence dated 21.02.2014 while admitting he executed the registered mortgage deed before the SubRegistrar, Ramachandrapuram for Rs.4 lakhs. However, claiming as if he was mentally disordered by others and the allegations according to the counsel for petitioner/ accused No.1 further show that accused No.1 and his brother accused No.2 discharged the amount due by the de facto complainant of Rs.7,326/- for which he received document under mortgage with town bank and that besides delay in FIR. The facts engineered about 11 months after the transaction to have some benefit and get over the liability of the mortgage deed obtained.

4) The facts falls short to admit the application filed under Section 482 Cr.P.C to quash the proceedings, the same is disposed of giving liberty to the petitioner to surrender himself before the learned Magistrate concerned and move for regular bail with notice to Assistant public prosecutor concerned, in such an event the learned Magistrate shall grant bail on the same day with necessary

conditions.

5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 31.07.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6742 of 2015

Date:31.07.2015 Knl