Mocherla Krishnam Raju, v. The State

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3000 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in crime No.122 of 2015 on the file of the P.S., Attili, West Godavari District, registered for the offences under Section 420 IPC.

Heard and perused the material.

The case is registered on the basis of the reference made under Section 156(3) of the Code of Criminal Procedure. The learned Magistrate has not followed the procedure as per the directions of the Hon'ble apex Court, while referring the case under Section 156(3) CrPC. Considering the fact that the dispute is between the parties, who are partners of the business, and as such, the police are directed to complete the investigation without arresting the petitioner and file final report, if any, in accordance with law. The police are directed to issue notice to the petitioner for his appearance for the purpose of investigation and the petitioner is also directed to appear and cooperate with the investigating agency. The petitioner is also directed to submit an Undertaking for his future appearance for the purpose of investigation.

The Criminal Petition is accordingly disposed of. Miscellaneous Petitions pending in this Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 09.03.2016 pln