Shaik Shabana v. The State Of A.P

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No.14324 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 147 of 2016 on the file of Station House Officer, II town Police Station, Prodduatur, YSR Kadapa District, registered for the offences punishable under Section 317 IPC read with Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015.

Heard learned counsel appearing for the petitioners/Accused Nos. 8 and 10, and learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is obvious that specific allegations were made against the petitioners/Accused Nos. 8 and 10 in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

However, considering the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/Accused Nos. 8 and 10 in the above crime, till the investigation is completed and charge sheet is filed.

The petitioners/Accused Nos. 8 and 10 shall appear before the investigating agency as and when required/summoned during the course of investigation and cooperate with the investigating agency for early completion of the investigation. Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 13th October, 2016.

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