Rallapati Dasthagiri, v. The State Of A.P.,

THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CRI MI NAL PETI TI ON No.14391 of 2016 ORDER:

The criminal petition is filed by the petitioner/A5 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.94 of 2014 of B.Mattam P.S, YSR Kadapa District, registered for the offences punishable under sections 147, 148, 447 & 324 r/w. Section 149 IPC.

Heard the learned counsel appearing for the petitioner/A5 and the learned Additional Public Prosecutor, representing the State. 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.

It is brought to the notice of this Court that by order dated 12.08.2016 in Crl.P.No.11870/2016, in the same crime, the non-petitioner/A4 was granted some relief directing the investigation agency to complete the investigation without arresting the non-petitioner/A4.

In view of the above, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioner/A5 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioner/A5 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: 13.10.2016 Dsr