High Court for State of TelanganaCRLP/1145/2011disposed of no costs

Laiq Ali v. The State Of Ap Rep By Its Pp Hyd. And Another

2015-11-06Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1145 OF 2011 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/A.1 seeking to quash the proceedings in Crime No.350 of 2010 on the file of the Asifnagar Police Station, Asifnagar, Hyderabad (Hon'ble VI Additional Metropolitan Magistrate, Hyderabad), registered for the offences under Sections 448, 509, 354, 506 IPC read with Section 34 IPC. The case of the prosecution is that the accused along with other anti-social elements attacked the de facto complainant and his family members, and when the family ladies tried to obstruct them, they pushed the ladies and torned the clothes and dupatta and also abused them in filthy language and threatened with dire consequences. Further, the accused bet the complainant and his family members and put them in the house and locked from outside and damaged the infrastructure of his house.

Heard the learned counsel for the petitioner/A.1 and the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged against him and he has been falsely implicated in the present crime.

Considering the above facts and circumstances of the case, this Court is of the view that the truth or otherwise of the allegations made in the complaint can be decided during the trial and as such, this Court is not inclined to quash the proceedings.

In view of the submission of the learned counsel for the petitioner that the petitioner/A.1 is ready and willing to cooperate with the investigating agency, this Court directs the police concerned to complete the investigation without arresting the petitioner/A.1 and file final report, if any, in accordance with law. The presence of the petitioner/A.1 before the trial Court is dispensed with except on the dates when the

trial Court insists for his appearance.

. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 06.11.2015 pln