Qazi Mohammed Najmuddin Hussain v. The State Of Ap.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2562 of 2016 ORDER:

This criminal petition, under Section 482 of the Code of Criminal Procedure, is filed by the petitioner-Accused No.2 seeking to quash the proceedings against him in Crime No.115 of 2015 on the file of III Town Police Station, Ananthapuramu District, registered for the offences punishable under Sections 120(B), 419, 420, 465, 468, 471, 504 & 506 r/w.34 IPC.

Heard and perused the material available on record. The daughter of the de facto complainant is the wife of A1. The petitioner (A2) is a Chief Qazi and with his help A1 obtained fake Tallaque certificate and send it to the de facto complainant. The truth or otherwise of the above offences can be ascertained during the investigation. Since the material on record prima facie reveals allegations against the petitioner, this Court is not inclined to interfere with the investigation. 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 police.

In view of the above, the police concerned are directed to complete the investigation without arresting the petitioner and file final report, if any, in accordance with law. The police are directed to issue notice to the petitioner whenever his presence is required and on receipt of such notice, the petitioner is directed to appear before the Investigating Agency and cooperate with the investigation and also give an undertaking for his future appearance before the investigating agency.

With the above directions, the criminal petition is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J February 26, 2016.

KTL