Sri. Thalla Rajaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.2173 of 2017 ORDER:

The present petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') is filed requesting to quash the First Information Report in Crime No.144 of 2016 of Godavarikhani-II Town Police Station, Karimnagar District.

The petitioners, who are arraigned as accused Nos.1 and 7, alleged to have committed the offences punishable under Sections 341, 120B and 506 read with 34 IPC.

Sri Gone Ramesh, learned counsel for the petitioners, would submit that, in fact, there was inordinate delay in lodging the complaint and that itself would indicate that the incident alleged to have occurred did not really take place, more particularly, at the time of reporting the occurrence, the 1st petitioner was admitted in a Hospital. No doubt, the complaint itself would show that there was 15 days delay in lodging the complaint, but the same and other related aspects have to be examined during the course of investigation and, therefore, it cannot be viewed at this stage that further investigation would amount to abuse of the process of law.

Accordingly, the Criminal Petition is dismissed at the stage of admission itself.

Miscellaneous applications, if any pending in the present petition, stand closed.

_________________________________ JUSTICE A.SHANKAR NARAYANA 16.03.2017 v v