Borra Sivarami Reddy , Siva v. The State Of A.P

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.12399 of 2017

ORDER

This petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No.148 of 2012 of Khazipet Police Station, Kadapa District, registered for the offences punishable under Section 379 IPC and under Sections 29, 3(ii) of A.P.Forest Act, against the petitioner/A4..

2.

Based on the information received by him, the Inspector of Police, Khazipet Police Station, registered the crime suo motu against the petitioner and others for the offences, referred supra. The petitioner contended that though the crime was registered in the month of November, 2012, no final report was filed before the Court having jurisdiction over the area to try the offences and that when the petitioner applied for issuance of passport, he came to know that a crime is pending against him and the passport was rejected by the Superintendent of Police, Kadapa, on that ground. 3.

As seen from the material on record, the crime was registered in the month of November,2012, but the police did not file final report/charge sheet against the accused till date, and on account of pendency of the crime for investigation or otherwise, the Superintendent of Police, Kadapa, rejected the application of petitioner for issuance of passport. On the ground of delay in filing the final report/charge sheet, the proceedings against the petitioner cannot be quashed. In those circumstances, I deem it appropriate to direct the police concerned to file a final report/charge sheet, within

MSM, J Crl.P.No.12399 of 2017 15 days from the date of receipt of a copy of this order so as to enable the petitioner to process his application for passport. 4.

With the above direction, the Criminal Petition is disposed of. 5.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________________ M. SATYANARAYANA MURTHY, J 14th December, 2017 sj