Mr. D. Ahammed Hussain v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2459 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-2 and A-4 in Crime No.160 of 2014 of III Town Police Station, Kurnool, Kurnool District registered for the offences punishable under Sections 448, 427, 435 and 506 IPC read with Section 34 IPC.

Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the material available on record.

A perusal of the material on record makes it clear that the offence took place in the year 2014 arising out of a civil dispute and on the report lodged by the 2nd respondent, the crime was registered for the alleged offences.

Though the crime was registered in 2014, it is not stated whether the police have taken any steps either to arrest the petitioners or to investigate into the matter. Even it is not the case of the petitioners that they are apprehending of their arrest in view of pendency of the crime. The dispute is purely a civil in nature not involving any public wrong. Considering the facts and circumstances of the case and in view of the nature of the offences alleged, this Court is of the view that it is not a fit case where the proceedings can be quashed invoking the jurisdiction under Section 482 Cr.P.C. However, since the crime is pending from 2014 onwards, the concerned police are directed to complete investigation, if the same has not already been completed, and file final report before the Court, as

expeditiously as possible, preferably within a period of three months. The petitioners are at liberty to recourse to the remedies available to them against such final report.

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

_________________ RAJA ELANGO, J Date: 26-02-2016 Ksn