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High Court for State of TelanganaCRLP/2345/2016dismissed

Kondepudi Raju v. The State Of Ap.

2016-02-26Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2345 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/A-5 in Crime No.28 of 2015 of Jaddangi Police Station, East Godavari District registered for the offences punishable under Section 8 (c) read with Section 20 (b) (c) of N.D.P.S. Act. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the material available on record.

The main grievance of the petitioner is that on the confession made by one of the accused involved the offence, the name of the petitioner was falsely implicated without there being any prima facie case. It is further stated that the petitioner has never involved in the alleged offence. All these issues now raised have to be necessarily investigated by the police during the course of investigation and the same cannot be decided at the threshold. Having regard to the facts and circumstances of the case and in view of the nature of the offences involved are serious in nature, since the investigation is not yet completed, this Court is not inclined to interfere with the proceedings invoking the jurisdiction under Section 482 Cr.P.C., and hence, the criminal is liable to be dismissed.

Accordingly, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending, shall stand closed.

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RAJA ELANGO, J Date: 26-02-2016 Ksn