S Chotilal Khasla v. the State of Ap
Case brief
What is this about?
In this Criminal Petition filed under Section 482 CrPC seeking quash of an FIR, the Additional Public Prosecutor submitted that the case was referred as false by the Investigation Officer. Consequently, the Court closed the petition, although the de facto complainant retained remedies to file fresh complaints.
What did the court decide?
The Criminal Petition was closed as the case was referred as false by the Investigation Officer.
What the court decided
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.4373 OF 2019
ORDER:-
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quash of F.I.R. in Crime No.155 of 2019 of Nandyal III Town Police Station, Kurnool District.
- Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the 1st respondent/state and learned counsel for 2nd respondent- de facto complainant.
- On a report lodged by the 2nd respondent- de facto complainant, a case in Crime No.155 of 2019 was registered by Nandyal III Town Police Station for the offences punishable under Sections 420 and 379 of the Indian Penal Code, 1860.
- The case is investigated by the police and now on instructions, learned Additional Public Prosecutor would submit that the Investigation Officer has referred the said case as false. In that view of the matter, nothing survives for adjudication in this petition filed seeking quash of the F.I.R.
- Therefore, recording the above submission of the learned Additional Public Prosecutor that the case is now referred as false, this Criminal Petition is closed.
However, the 2nd respondent- de facto complainant is at liberty to work out his remedies available to him under law after receiving notice from the Court to that effect.
Issues for consideration
1 issue framed by the court
Whether the Criminal Petition seeking quash of F.I.R. survives for adjudication after the case was referred as false by the Investigation Officer.
Parties & counsel
- petitioner
Petitioner
- respondent
State
- respondent
De facto complainant
Coram
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · December
- Registered
- Case no.
- CRLP/4373/2019
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