Justice N.R.L.Nageswara Rao disposed of a criminal petition granting liberty to the petitioners to question the maintainability of the complaint at the stage of framing charges given variable facts in the police investigation.
The criminal petition is disposed of with liberty to question maintainability of complaint.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
Crl.P.No.3392 of 2010
ORDER
Heard.
Since the investigation of the police clearly goes to show variable facts and the truth or otherwise of the allegations can only be arrived at after completion of the evidence, the petitioners have got every right to question the maintainability of the complaint at the time of framing of the charges.
With the above liberty, the criminal petition is disposed of.
N.R.L.NAGESWARA RAO,J
rkk Dated: 26-12-2011
2 issues framed by the court
Whether the maintainability of the complaint can be questioned at the time of framing of charges when investigation reveals variable facts.
Whether the criminal petition should be disposed of on the basis of variable facts in investigation.
N.R.L.NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
