Chinthapaili Prabhakara Rao, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2488 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in Crime No.7 of 2016 on the file of the Rajupalem Police Station, Rajupalem, Guntur District, registered for the offences under Sections 420, 468, 471, 506 IPC read with Section 34 IPC.

Heard and perused the material.

The case of the petitioners is that the second petitioner has already instituted a suit for specific performance against the wife of the second respondent/complainant. The present complaint is filed as if the said agreement is forged one. Admittedly, the complainant is the husband of the person concerned.

This Court is of the view that the allegations made against the petitioners are to be investigated into by the police. Hence, this Court is not inclined to quash the impugned proceedings at this stage. However, considering the facts and circumstances, the police concerned are directed to complete the investigation without arresting the petitioners and file final report, if any, in accordance with law. The police are directed to issue notice to the petitioners for their appearance for the purpose of investigation and the petitioners are also directed to appear and cooperate with the investigating agency. The petitioners are also directed to submit an Undertaking for their future appearance for the purpose of investigation. The Criminal Petition is accordingly disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 25.02.2016 pln