Criminal petition to quash proceedings under Section 482 Cr.P.C. dismissed as false information by petitioner regarding driver identity is resolvable during evidence phase, not grounds for quash.
Petition dismissed.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 4674 of 2011
ORDER:
This petition is filed by the petitioner/Accused No.2 under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in C.C.No.384 of 2009 on the file of the Additional Judicial First Class Magistrate, Khadiri, Anantapur District.
The petitioner is said to be the owner of the quarry. Some material has been loaded in the tractor and trailer bearing Nos.AP 02 W 7829 and ATA 2155 respectively driven by the 1st accused and owned by the 3rd and 4th accused.
As can be seen from the contents in the charge sheet, instead of disclosing the name of the real driver, the petitioner is said to have given false information about the identity of the driver. Whether it is true or not can only be decided after taking the evidence on record. The police have investigated and filed charge sheet finding prima facie material and the appreciation of the evidence against this petitioner is connected with the appreciation of evidence against the other accused. It is not a case where the proceedings are to be quashed.
Accordingly, the petition is dismissed.
________________________ N.R.L. NAGESWARA RAO, J
Date: 04-07-2011 MR
THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 4674 of 2011
DATE: 04-07-2011
MR
1 issue framed by the court
Whether immediate evidence collection demerits the quashing of criminal proceedings under Section 482 Cr.P.C.
1 provisions across 1 enactments
Petitioner/Accused No.2
Owners of C.C.No.384 of 2009
N.R.L. Nageswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
