Mr.G.Rama Moorthy, v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35449 OF 2016 ORDER:
The present writ petition is filed by the petitioner seeking to call for the records and quash FIR No.514 of 2016 on the file of Machavaram Police Station, Vijayawada City, Krishna District. The case in brief is that on the complaint made by the 3rd respondent - CEO of A.P. Brahmin Cooperative Credit Society Limited, Vijayawada, alleging that the petitioner and others trespassed into their premises with an intent to make a galata and started shouting at his staff by using abusive language and also threatened him, the 2nd respondent - Station House Officer, Machavaram Police Station, Krishna District, registered a case in Crime No.514 of 2016 for the offences under Sections 451, 452, 353 and 506 r/ w.34 IPC. The grievance of the petitioner is that originally his name was not shown in the FIR, but subsequently, the police added his name as Accused No.9 and only with an intention to harass him, the 3rd respondent implicated him in the case.
The learned Assistant Government Pleader submitted that during the course of investigation, several witnesses were examined and basing on the evidence of those witnesses with regard to involvement of the petitioner and others, they were added as accused. Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, the 2nd respondent is directed to complete the investigation in Crime No.514 of 2016 of Machavaram Police Station, Krishna District, and file a
final report, in accordance with law in either way, without arresting the petitioner.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________ RAJA ELANGO, J October 21, 2016.
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HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:35449 OF 2016 21/10/2016 KTL