Santhosh Chaturvedi v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.13507 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. by the petitioners/A-2 to quash the proceedings in Crime No.302 of 2014 on the file of III Town Police Station, Eluru, West Godavari District.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, representing the State.

Basing on the complaint lodged by the third respondent/complainant, the police registered a case against the petitioner herein for the offences punishable under Section 420 read with Section 34 IPC.

Specific allegations were made against the petitioner 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 the course of investigation or trial. I see no grounds to interdict the investigation at this stage and quash the First Information Report.

In the facts and circumstances of the case, and as requested by the learned counsel for the petitioner/A-2, the investigating agency shall proceed with the investigation, however, shall scrupulously follow the procedure as

contemplated under Section 41A Cr.P.C before taking any coercive steps against the petitioner/A1.

With these observations, the Criminal Petition is disposed of.

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

___________________ M.S.K.JAISWAL, J Date: 22.09.2016 TJMR