G. Balaraju v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2339 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner-accused No.2 seeking to quash the proceedings in FIR No.213 of 2015 on the file of Proddatur Rural Police Station, Kadapa District, registered for the offences punishable under Sections 403 and 420 IPC.

Heard and perused the material available on record. The allegation against the petitioner is that petitioner and the other accused cheated the de facto complainant by receiving an amount of Rs.6,99,000/- and thereafter, did not supply the stock as agreed by them. The truth or otherwise of the said allegations can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to interfere with the proceedings against the petitioner in the above crime. At this stage, learned counsel for the petitioner submitted that in view of the pendency of the above crime, the petitioner apprehends arrest and also the harassment in the hands of the police.

In view of the above submission, the police concerned are directed to complete the investigation without arresting the petitioner and file a final report, if any, in accordance with law. The petitioner is directed to appear before the Investigating Agency as and when his presence is required, and cooperate with the Investigating Agency. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending if any, shall stand closed.

______________ RAJA ELANGO, J February 25, 2016.

KTL