Abhish Kuniar Jain v. State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.938 of 2014 ORDER :

This Criminal Petition is filed by the Petitioner/Accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.282 of 2013 of Pahadisharief Police Station, Cyberabad registered for the offences punishable under Sections 406, 418, 420, 447, 463 I.P.C.

2) The above crime was registered basing on the private complaint referred by the Magistrate by invoking Section 156(3) Cr.P.C. Undisputedly the police filed final report in the form of charge sheet that was taken cognizance by the learned Magistrate. Needless to say the scope of the impugning of the F.I.R seized its efficacy by virtue of the subsequent investigation and charge sheet. Thereby the proceedings are closed by left open the remedy to the petitioner either to seek for discharge by filing application under Section 239 Cr.P.C to consider from the prosecution material based on the expression of the Apex Court in State of Orissa V. Debendranath Padhi or other appropriate remedy.

3) With the above observations the Criminal 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 09.06.2015 ksh