Macherla Sambaiah v. Kotagiri Raju

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.4045 of 2014 ORDER :

This criminal petition is filed by the petitioners/A.1 and A.2 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.98 of 2014 of Subedari Police Station, Warangal Urban District, registered for the offence punishable under Section 306 read with 34 IPC.

2. Undisputedly the police filed final report in the form of charge sheet that was taken cognizance by the learned Magistrate. Needless to say the scope of the impugning of the F.I.R. seized its efficacy by virtue of the subsequent investigation and charge sheet. Thereby, the proceedings are closed by left open the remedy to the petitioners either to seek for discharge by filing application under relevant provision of Cr.P.C. to consider from the prosecution material based on the expression of the Apex Court in State of Orissa v. Debendranath Padhi or to seek other appropriate remedy.

3. Accordingly, the criminal petition is dismissed as infructuous. Miscellaneous petitions pending, if any, shall stand dismissed ____________________________ Dr. B. SIVA SANKARA RAO, J 10th June 2015.

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