Jaipal Malkolla v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10375 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioners/accused 1 to 3 in F.I.R.No.239 of 2016 of Sanga Reddy (Rural) Police Station, registered for the offences punishable under Sections 307 read with 34 IPC.

Heard and perused the material available on record. Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against petitioners/accused are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioners/accused.

However, in view of submissions of the learned counsel for petitioners that petitioner No.3-accused No.3 is apprehending of his arrest in view of the pendency of the above crime, the police concerned are directed to complete the investigation into the crime without arresting the petitioner No.3/accused No.3 and file the final report, if any, in accordance with law. However, in the event of necessity, the police concerned are directed to issue notice to petitioner No.3/accused No.3 requiring him to appear before the investigating agency for the purpose of investigation and on issuance of such notice, the petitioner No.3/accused No.3 shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation. The petitioners 1 and 2/Accused No.1 and 2

were already arrested and obtained bail.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. __________________ M.S.K.JAISWAL,J Date: 19.07.2015 kvrm