Aiyanampudi Naga Venkata Satya Samba Siva Surya Varma v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.12100 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner/accused No.1 in Crime No.112 of 2015 of Nakkapalle Police Station of Visakhapatnam City, registered for the offence punishable under Sections 120b, 341, 352, 379, 426, 447 and 506 IPC read with 34 IPC.

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State.

A perusal of the record reveals that the petitioner is accused No.1 and the second respondent is the de facto complainant in Crime No.112 of 2015. As per the allegations made in the complaint, the petitioner herein along with others unauthorisedly entered into the land of second respondent and committed theft of sand and coconuts. The other allegation made against the petitioner is that he along with others have violated the orders passed in I.A.No.815 of 2015 in O.S.No.392 of 2015 on the file of the II Additional District Judge Court, Visakhapatnam.

It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C. in order to quash the proceedings. The allegations made in the complaint are prima facie sufficient to investigate into the matter. Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.KAPOOR v. STATE OF PUNJAB, STATE OF HARYANA v. BHAJAN LAL, V.Y.JOSE V STATE OF GURAJAT AND TEEJA DEVI v. STATE OF RAJASTHAN, I am of the considered view that this is not a

fit case to quash the criminal proceedings at the threshold. Having regard to the facts and circumstances of the case and also in view of the orders passed by this Court on 02.11.2015 in Criminal Petition No.10258 of 2015, the Station House Officer, Nakkapalli Police Station, Visakhapatnam, is hereby directed not to arrest the petitioner/accused No.1 till completion of investigation.

With the above direction, Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J Date: 20.11.2015 Rns