R.Venkataraman v. Sri P.Manikyala Rao

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2346 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner-accused seeking to quash the proceedings in FIR No.727 of 2015 on the file of Saifabad Police Station, Hyderabad city, registered for the offences punishable under Sections 167, 176, 177, 464, 193 and 511 IPC. Heard and perused the material available on record. The record discloses that the offence arising out of a dispute in the official capacity and the case is also referred under Section 156(3) Cr.P.C., without following the procedure. The truth or otherwise of the allegations in the complaint 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 petitioner in the above crime.

At this stage, learned counsel for the petitioner submitted that in view of the pendency of the above crime, the petitioner apprehends arrest and also the harassment in the hands of police. In view of the above, the police concerned are directed to complete the investigation without arresting the petitioner and file a final report, if any, in accordance with law. The petitioner is directed to appear before the Investigating Agency as and when his presence is required, and cooperate with the Investigating Agency. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending if any, shall stand closed.

______________ RAJA ELANGO, J February 25, 2016.

KTL