Thummeti Venkat Ram Reddy, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE SURESH KUMAR KAIT CRIMINAL PETITION No.3109 of 2013 ORDER:

Vide the present petition, the petitioner seeks a direction thereby to quash the proceedings in FIR No.460 of 2011 pending before the Court concerned registered for the offence punishable under Sections 406, 416 and 420 IPC of P.S.Subedari, Hanamkonda at Warangal District. Learned counsel appearing on behalf of the second respondent submits that before filing of the present petition, the first respondent has filed charge sheet on 28.02.2012 and the cognizance taken by the concerned court on 30.03.2012.

The present petition was filed in the year 2013 and vide order dated 16.4.2013, stay of investigation against the petitioner/A.2 was granted by this court. Since the investigation had already done by the first respondent, thereafter charge sheet has been filed and as cognizance taken by the court concerned, there is no meaning of stay of the investigation, which was granted by this Court vide order dated 16.04.2013, much after the charge sheet filed and cognizance taken.

In the present petition, the petitioner seeks to quash the FIR noted above, whereas, the prayer is not that the FIR and consequent proceedings thereto. Lot of water has flown. The case is pending for framing of the charge. If the petitioner has case, let the petitioner shall argue before the Court concerned on charge.

In view of the above, this Criminal Petition is disposed of. There shall be no order as to costs.

I hereby make it clear that if the petitioner is still aggrieved by the order passed by the court below, liberty is granted to him to approach the appropriate forum. Pending miscellaneous petitions, if any, shall stand dismissed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

Date :15-12-2016 Gvl