Ramesh Dende v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10918 of 2016 ORDER:

This criminal petition is filed under Section 482 Cr.P.C to quash the proceedings in Crime No.148 of 2016 on the file of Nakrekal Police Station, Nalgonda District, registered for the offence punishable under Section 379 IPC and Section 3 of Preventin of Damage to Public Property Act.

Heard the learned counsel for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor, representing the State.

Basing on the complaint lodged by Koppula Narsimha Rao, Sub Inspector of Police, Nakrekal Police Station, the above crime was registered against the petitioners, alleging that the petitioners committed theft of sand and the same is transporting to sale illegally for gain profit.

The allegations levelled in the complaint, prima facie, reveal the commission of offences alleged against the petitioners herein. This is a matter which requires investigation by the police, and there are no valid grounds to quash the First Information Report.

In the facts and circumstances of the case, and as requested by the learned counsel for the petitioners/A.1

and 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 petitioners/A.1 and A.2.

With these observations, the Criminal Petition is disposed of.

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

__________________ M.S.K.JAISWAL, J 28th July 2016 mar