Samala Damodar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Crl.P.No.12092 of 2013 ORDER:

In this petition filed under Section 482 Cr.P.C., the petitioners/A1 to A4 seek to quash the proceedings in C.C.No.41 of 2012 on the file of IV Additional Judicial First Class Magistrate, Warangal wherein they are charge sheeted for the offences under Sections 447, 420 and 506 r/w 34 IPC.

2) Denying the charge sheet allegations, learned counsel for petitioners submitted that there are some civil disputes between the parties and the petitioners are unnecessarily implicated in the case.

3) It is seen that earlier petitioners filed Crl.P.No.13203 of 2011 seeking to quash the proceedings in FIR No.147 of 2010 of Subedari PS, Warangal District and this Court while declining to quash the proceedings directed the police to investigate the matter and file final report either way without arresting the petitioners. Now, after completion of the investigation police laid charge sheet and learned IV Additional Judicial First Class Magistrate, Warangal took cognizance and registered case in C.C.No.41 of 2012.

4) In these circumstances, I consider it not to apt to quash the proceedings in C.C.No.41 of 2012. However, if the petitioners are so advised, they may move an appropriate application seeking their discharge, in which case the trial

Court shall pass an appropriate order on merits. 5) With these observations the Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Dt: 27.04.2016 Murthy