Sarpanch Maddilety v. The State Of Ap.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3005 OF 2016 ORDER:

This petition is filed by the petitioners-A3 & A4 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.7 of 2016 on the file of Muchumarri Police Station, Kurnool District, registered for the offence punishable under Section 306 r/w 34 IPC. It is alleged that about 10 months prior to the date of the complaint, the wife of the de facto complainant went to Amaravai village for the marriage of her relative and later she came back. Subsequently, the relative of the de facto complainant came to the house of the de facto complainant on the occasion of marriage of his daughter and asked his wife that she committed theft of her necklace, for which the wife of the de facto complainant replied that she did not commit theft. Subsequently, on 21.1.2016, the petitioners came to the house of one Siva Rami Reddy and called the de facto complainant and his wife and asked them to return the stolen property. It is alleged that in view of the false allegations made against the wife of the de facto complainant, she committed suicide.

Heard and perused the material available on record. Considering the facts and circumstances of the case and the allegations made in the complaint, this Court is not inclined to grant the relief sought by the petitioners.

At this stage, the learned Counsel for the petitioners submitted that due to the pendency of the above crime, the petitioners apprehend arrest and harassment in the hands of the 1st respondent-police. In view of the above submission, the 1st respondent-police are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the 1st respondent-police are directed to issue notice to the petitioners for their appearance before the investigating agency for the purpose of

investigation. On issuance of such notice, the petitioners shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.

With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 9.3.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.3005 OF 2016 DATED 9.3.2016 Nn