S.Mahaboob Basha v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.12408 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.92 of 2016-17 of Kadiri Prohibition and Excise Station, Ananthapuramu District, registered for the offences punishable under Sections 34 (a) and (e) of A.P. Excise Act, 1968 and Sections 2 and 3 of Regulation of use of GUR Act, 1968.

Heard the learned counsel appearing for the petitioner/A3 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioner in the complaint. This is a matter, which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioner/A3 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioner/A3 shall appear

before the investigating agency as and when required during course of investigation.

Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________ M.S.K. JAISWAL, J August 27, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.12408 of 2016 August 27, 2016 Pn