Gorojanam Koteswara Rao , Andelu v. Garnepudi Gnanasundari

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5288 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/Accused No.1 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.174/2015 of Arundalpet Police Station, Guntur Urban District registered for the offences punishable under Sections 354, 323 read with 34 I.P.C.

2) Heard the learned counsel for the petitioner/accused and the 2nd respondent-state represented by the Public Prosecutor before admission, before issuance of notice to the 1st respondent and perused the material on record.

3) The contention of the petitioner is that there is a delay in reporting of so called grounds dated 02.04.2015 on 16.04.2015 apart from the police already registered an Affray case under Section 160 I.P.C against both groups to which the petitioner and the 1st respondent-defacto-complainant were 'A' and 'B' parties and they were imposed with fine on the P.T.C at the time of examination under Section 251 Cr.P.C and had there been any truth of the incident dated 02.04.2015, it could have been mentioned if not could be reported to police earlier and it is an after thought.

Undisputedly petitioner was enlarged on bail and the investigation is going on.

4) Having regard to the above, the Court at this stage not chosen to stay the investigation but for remedy left upon to file

any material with the police to form part of the investigation and in the event of filing any final report in the form of charge sheet to take appropriate recourse. In the meantime, pending investigation, the learned Magistrate shall dispense with the personal appearance of the accused persons.

5) With the above observations, the petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed.

___________________________ Dr. B. SIVA SANKARA RAO, J 26.06.2015 ksh