Chinna Balaji Naik v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4874 OF 2016 ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.3 and 4 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Crime No.23 of 2016 on the file of Somandepalli Police Station, Anantapur District, registered for the offence punishable under Sections 143, 448, 353, 427, 355, 506 r/w 149 IPC and Section 3 of PDPP Act.

Heard and perused the material available on record. It is alleged that the petitioners and others trespassed into the M.R.O office, Somandepalli in pursuance of their common intention and attacked the 2nd respondent and abused him in filthy language and threatened him, on the ground that he issued proceedings for demolition of their houses.

Learned Counsel for the petitioners submitted that the names of the petitioners were not found place in the FIR and that the petitioners were not present at the scene of offence.

Considering the facts and circumstances of the case, this Court is not inclined to interfere with the investigation in the above crime. However, in view of the submissions made by the learned Counsel for the petitioners, the 1st respondent-police are directed to complete the investigation and file a final report, if any, in accordance with law, without arresting the petitioners. In the event of necessity, the 1st respondent-police are directed to issue notice to the petitioners for the purpose of investigation. On issuance of such notice, the petitioners are directed to appear before the investigating officer and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation. Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 7.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4874 OF 2016 DATED 7.4.2016 Nn