Sambarika Kanaka Raju v. The State Of Ap,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION NO.12009 OF 2016 ORDER:

The Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.183 of 2016 of PM Palem Police Station, Visakhapatnam, registered for the offences punishable under Sections 447, 427, 506 read with Section 34 IPC and Sections 3 and 4 of A.P. Land Grabbing Act.

Heard the learned counsel appearing for the petitioners/accused and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioners 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. Learned counsel for the petitioners/accused submitted that accused Nos.1, 3, 8 and 9 were already arrested and they were released on bail.

In 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.2, A4 to A7 in the above crime, if not arrested so far, till the investigation is completed and the charge sheet is filed. The petitioners/accused shall cooperate with the investigating agency and shall make themselves available as and when required during course of investigation.

Pending miscellaneous applications, if any, shall stand closed in consequence.

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(M.S.K.JAISWAL, J) 17th August 2016 RRB