Pailla Gopal Reddy v. Raghavendra Kothakonda

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5310 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/Accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.124/2015 of Miryalguda I Town Police Station registered for the offences punishable under Sections 120-B, 418, 419, 420, 465, 468 and 471 I.P.C.

2) Heard the learned counsel for the petitioner/accused and the 2nd respondent-state represented by the Public Prosecutor before admission, before issuance of notice to the 1st respondent and perused the material on record.

3) Though it is the oral submission that very proceedings are not maintainable under Section 195 Cr.P.C for the bar in alleging forged signature of the respondent to the divorce petition in the summons served through Court process server as part of the pending Court proceedings, same is not taken a plea in the petition, but for with other contentions are in fact fall short for admit the application under Section 482 Cr.P.C.

4) Having regard to the same, the application is disposed of giving liberty to the petitioner to surrender before the learned Magistrate and move for regular bail with notice to the A.P.P. concerned. In such an event, the learned Magistrate shall grant bail, preferably on the same day with necessary conditions and dispense with his presence during post bail

stage. Needless to say any further remedy if at all pending investigation or thereafter to impugn the maintainability of the crime proceedings is left open to the petitioner.

5) With the above observations, the petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed.

___________________________ Dr. B. SIVA SANKARA RAO, J 26.06.2015 ksh