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High Court for State of TelanganaCRLP/5106/2016disposed of no costs

Amaram Venkata Narayana, v. Kurupula Gopi,

2016-04-11Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5106 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/ accused in Crime No.142 of 2016 of Khanapur Police Station, Khammam District, registered for the offences punishable under Sections 294-B, 420, 506 read with Section 34 IPC. Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material on record. Admittedly, a complaint was lodged by the first respondent/ de facto complainant against the petitioner wherein specific allegations are made against the petitioner, the truth or otherwise of which can be ascertained only after due investigation into the crime by the investigating agency and the same cannot be determined at the investigation stage.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against the petitioner, this Court is not inclined to interfere with the proceedings against the petitioner/accused. However, in view of submission of the learned counsel for the petitioner that the petitioner/accused apprehends his arrest due to pendency of the above crime, the Police concerned is directed to complete investigation without arresting the petitioner/ accused and file final report in accordance with law. In the event of necessity, the police concerned are at liberty to issue a notice to the petitioner for the purpose of investigation and on receipt of such notice the petitioner shall appear before the police and cooperate with the

investigating agency. In the event of failure on the part of the petitioner/accused to appear before the police on receipt of such notice, the police are at liberty to approach this Court for recalling the present order.

With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 11-04-2016 Ksn