Suresh Gunduboina v. Siddi Subramanyam

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 12856 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 119 of 2016 on the file of Station House Officer, Venkatagiri Rural Police Station, SPSR Nellore District, registered for the offences punishable under Section 376(2)(1) IPC and Section 3(1)(xi) of SC/ST POA Act. Heard the learned counsel appearing for the petitioner/Accused, and the 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 petitioner/Accused 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 petitioner/Accused, the Criminal Petition is disposed of, directing the investigating agency to complete the investigation in the aforesaid crime and file charge sheet thereon within a period of six months from today.

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 9th September, 2016.

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