R.Pochaiah And 2 Others v. The State Of A.P. And Another

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.10354 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings and return the property seized in Crime No.239 of 2016 of Ibrahimpatnam Police Station, Vijayawada City, Krishna District, registered for the offences punishable under Section 9-B of Explosives Act.

Heard the learned counsel appearing for the petitioners/A-1 to A-3 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioner in the complaint. This is a matter, which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, with a liberty to the petitioners/A-1 to A-3 to approach the jurisdictional Magistrate with proper application for return of the property and the learned Magistrate is directed to dispose of the same, on merits, in accordance with law. Pending miscellaneous applications, if any, shall stand

closed in consequence.

____________________ M.S.K. JAISWAL, J July 21, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.10354 of 2016 July 21, 2016 Pn