S. Vijay Babu, v. The State Of Andhra Pradesh,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.8645 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/accused under Section 482 Cr.P.C seeking to quash the proceedings in F.I.R.No.30 of 2015 of Eluru Women Police Station, West Godavari District, registered for the offence punishable under Sections 498-A, 316, 506 r/w 34 I.P.C.

Heard the learned counsel for the petitioners and the learned Public Prosecutor (Andhra Pradesh) for the State before notice to respondent No.2 and before admission. Perused the material on record. As the material falls short for this Court to admit the application for quashing of F.I.R. proceedings as the investigation shall go on. No doubt, as contended by the learned counsel for the petitioners, besides the allegations against the other accused other than A1 are not so specific in many terms. The alleged offence under Section 316 I.P.C. is only against A1 and nothing against others. Having regard to the above, the accusation against other accused is only under Section 498A and 506 I.P.C., thereby the application is disposed of giving liberty to petitioners/A2 to A6 to surrender before the learned Magistrate and move for regular bail with notice to Assistant Public Prosecutor and in such an event the learned Magistrate shall hear and grant bail on the same day with necessary conditions.

Needless to say, at the post bail stage, the presence of A2 to A6 before the Court can be dispensed with. Further remedies are left open after filing of final report by the police. However, A1 can surrender before the Court and move for regular bail.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:26-08-2015 pab