Banala Venkata Seshamma, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8297 OF 2012 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/A.3 seeking to quash the proceedings in F.I.R.No.171 of 2012 of P.S., Tanguturu, Prakasam District, registered for the offences under Sections 140(B), 420 read with Section 34 IPC. Heard the learned counsel for the petitioner/A.3 and the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner submits that the allegations in the complaint are totally false and are created only to harass the petitioner. Considering the above facts and circumstances of the case, this Court is of the view that the truth or otherwise of the allegations made in the complaint can be decided during the trial and as such, this Court is not inclined to quash the proceedings.

In view of the submission of the learned counsel for the petitioner that the petitioner/A.3 is ready and willing to cooperate with the investigating agency, this Court directs the police concerned to complete the investigation without arresting the petitioner/A.3 and file final report in accordance with law. The police are directed to issue notice to the petitioner for his appearance for the purpose of investigation and the petitioner is also directed to appear and cooperate with the investigating agency. The petitioner is also directed to submit an Undertaking for his future appearance for the purpose of investigation.

The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 19.09.2016 pln