J. Damodhar Naidu, v. The State Of Andhra Pradesh.,

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2154 OF 2016 ORDER:

This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner-A3 to quash the proceedings in FIR No.25 of 2016 on the file of the II-Town Police Station, Chittoor, Chittoor District, registered for the offences punishable under Sections 353 and 506 r/w. 34 IPC and 3 of Prevention of Damage to Public Property Act. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the material available on record. The allegation against the petitioner is that he along with the other accused went to the office of the de facto complainant and attacked the office staff and damaged the furniture and obstructed them from discharging their official duties, due to some dispute with regard to appointment of trust board of a temple.

Learned counsel for the petitioner submitted that the petitioner is innocent of the offences alleged against him and basing on the confessional statement of the other accused only, the name of the petitioner was shown as an accused.

The truth or otherwise of the said allegations can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to interfere with the proceedings against the petitioner. At this stage, learned counsel for the petitioner submitted that in view of the pendency of the above crime, the petitioner apprehends arrest and also the harassment in the hands of the police and that the petitioner is ready to cooperate with the investigation.

In view of the above, the police concerned are directed to complete the investigation without arresting the petitioner and file final report, if any, in accordance with law. The petitioner is directed to appear before the Investigating Agency as and when his presence is required, and cooperate with the Investigating Agency.

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

______________ RAJA ELANGO, J February 22, 2016.

KTL