Topudurthy Prakash Reddy v. The State Of A.P

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 13704 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 59 of 2016 on the file of Station House Officer, Police Station, Kanaganapalli, Ananthapuramu District, registered for the offences punishable under Sections 143, 147, 148, 324, 307, 109 read with Section 149 IPC.

Heard learned counsel appearing for the petitioners/Accused Nos. 19 and 20, and learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is obvious that specific allegations were made against the petitioners/Accused Nos. 19 and 20 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.

However, considering the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/Accused Nos. 19 and 20 in the above crime till 20.10.2016, during which period, the petitioners/Accused

Nos. 19 and 20 should obtain appropriate relief of bail or otherwise. If the petitioners/Accused 19 and 20 failed to obtain appropriate relief as stated supra, the investigating agency shall proceed against the petitioners/Accused Nos. 19 and 20 in accordance with law..

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 27th September, 2016.

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