D.M.Padmavathi v. B.Prashanthi Reddy

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL Criminal Petition No. 6246 of 2015 Order:

This Criminal Petition has been filed, under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused requesting to quash the FIR in Crime No.127 of 2015 of Subedari Police Station, Warangal District, registered for the offences punishable under Sections 420, 408, 468 and 471 IPC.

2. Heard the learned counsel for the petitioner/accused and the learned Additional Public Prosecutor for State.

3. As seen from the facts occurring in the complaint, certainly, there is material, prima facie, sufficient to investigate into the offences levelled by the de facto complainant and nothing is forthcoming to cull out in inferring abuse of process of law as contended by the petitioner.

4. Having regard to the facts and circumstances of the case, the concerned police are directed to resort to the procedure contemplated under Section 41-A Cr.P.C., as per the decision of the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar[1].

5. With the above direction, the Criminal Petition is dismissed.

6. As a sequel thereto, the miscellaneous applications, if any, pending in the Criminal Petition shall stand closed.

__________________ M.S.K. JAISWAL, J.

Date: 14.07.2015 Nsr [1] 2014(8) SCALE 250