Medisetti Babu Rao v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3121 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 by the petitioners/A-1 to A-3 seeking to quash the proceedings in F.I.R.No.40 of 2016 on the file of Kadiyam Police Station, Rajahmundry, East Godavari District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioners are punishable under Sections 448, 363, 368, 323, 509 and 506 read with 34 I.P.C.

4. Learned counsel for the petitioners contended that there is a delay in lodging the complaint; that property disputes are pending between the parties and hence, a false complaint was filed against the petitioners.

5. The truth or otherwise of the said allegations can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to interfere with the proceedings against the petitioners in the above crime.

6. At this stage, learned counsel for the petitioners submitted that in view of the pendency of the above crime, the petitioners are apprehending arrest and also harassment in the hands of police.

7. In view of the above submission, the police concerned are directed to complete the investigation without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners are directed to appear before the Investigating Agency as and when their presence is required and also cooperate with the Investigating

Agency.

8. With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 10.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.3121 OF 2016 Date: 10.3.2016 AMD