K. Prakash v. The State Of Andhra Pradesh

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3924 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/Accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.24 of 2015 of Rampachodavaram Police Station, East Godavari District registered for the offences punishable under Section 409, 420, 468 I.P.C and Section 65 of Information Technology Act.

2) Heard the learned counsel for Petitioner/Accused as well as the 1st respondent-State represented by the Public Prosecutor before admission and before ordering any notice to the 2nd respondent and perused the material on record which no way permits admission in this application under Section 482 Cr.P.C to quash the F.I.R proceedings against him though according to him from the mediators' report dated 04.04.2015 of the said crime, his complicity is allegedly for the so called disclosure statement by the co-accused by name Ch.Nagendra. It is premature for this Court as to a disclosure of a coaccused as a confession, if admissible as a fact discovered of complicity of the petitioner, how far admissible once it is admissible and relevant, to express any opinion in this regard.

3) Having regard to the above and though it is the contention that there is nothing to say any direct role of the petitioner, the facts does not deserve admission for quash but for otherwise admits entitlement of regular bail.

4) Having regard to the same, the criminal petition is disposed of giving liberty to the petitioner to file a regular bail by surrender if not already arrested from the say by the counsel for the petitioner that he was already in judicial custody though no proof filed and in such an event, the learned Magistrate after hearing the A.P.P concerned pass necessary orders granting bail on the same day if not by next day with necessary conditions.

5) With the above observations, the criminal petition is disposed of.

6) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.05th June, 2015 KSH