Yesdhani Shaik v. The State Of A.P.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7226 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/ accused under Section 482 Cr.P.C seeking to quash the FIR No.120 of 2015 of Venkatagiri Police Station, SPSR Nellore District, registered for the offences punishable under Sections 452, 352, 290, 355 IPC and Section 3 (i) (ix) of SC/ST POA Act, on the report given by the de facto complainant that the petitioner allegedly slapped her with chappal on her left cheek.

2) Heard learned counsel for the petitioner/ accused and 1st respondent-State represented by learned Public Prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant. Perused the material on record.

3) It is the contention of the learned counsel for the petitioner that it is a false accusation in relation to chit transaction to avoid money due.

4) A perusal of the material falls short for this Court to admit the Criminal petition filed under Section 482 Cr.P.C to quash the FIR proceedings but for the factual matrix shows the entitlement of the concession of regular bail by the petitioner, the Criminal Petition is disposed of, giving liberty to petitioner to surrender before the learned Special Judge and move for regular bail with notice to Special public prosecutor concerned and in such event, the learned Special Judge, shall grant bail with necessary conditions on the same day. Needless to say, at post bail stage, pending investigation his presence before the Court concerned can be dispensed with. Further remedies are left open to them, in the event of police filing final report and after taking cognizance by the learned Magistrate.

5) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.19.08.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

CRIMINAL PETITION No.7226 of 2015

Date:19.08.2015 knl