Sambavi Anithabala v. The State Of A.P

THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CRI MI NAL PETI TI ON No.11957 of 2016 ORDER:

The criminal petition is filed by the petitioner/A2 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.124 of 2016 of Bethamcharla P.S, Kurnool District, registered for the offences punishable under sections 506, 494, and 498-A r/w.34 IPC.

Heard the learned counsel appearing for the petitioner/A2 and the learned Additional Public Prosecutor, representing the State. Notice issued to the 2nd respondent/de facto complainant is served, but no one appeared on her behalf.

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 course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

In the facts and circumstances of the case, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioner/A2 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioner/A2 shall cooperate with the investigating agency and shall make himself available as and when required during course of investigation. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAI SWAL,J Date: 26.09.2016 Dsr