In a petition for quashing FIR proceedings, the Court declined to quash the case during investigation but directed the female petitioner to surrender for bail on a bond of Rs. 5,000 with two sureties.
FIR not quashed; petitioner directed to surrender; released on bail on executing bond of Rs. 5,000 with two sureties.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 5302 of 2011
ORDER:
This petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in Crime No.40 of 2010 on the file of Yeldurthy Police Station, Medak District.
The 2nd accused, who is the petitioner herein, was claiming that the property, with regard to which the offence was complained, belongs to her and that she was not a party to the earlier litigation. The complaint is, therefore, according to her, baseless.
However, these facts are to be decided only during the course of investigation and at this stage, I do not find any reason to quash the FIR and stop the investigation. However, the petitioner, being a lady, is directed to surrender before the Judicial First Class Magistrate, Medak and on such surrender she shall be released on bail on executing a personal bond for Rs.5,000/- (Rupees five thousand only) with two sureties for the likesum each to the satisfaction of the learned Magistrate and she shall be available for interrogation as and when called by the police.
Accordingly, the Criminal Petition is disposed of.
________________________ N.R.L. NAGESWARA RAO, J
Date: 07-07-2011 MR
THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 5302 of 2011
DATE: 07-07-2011
MR
1 issue framed by the court
Whether the proceedings in FIR should be quashed at this stage given the petitioner's claim of ownership and non-involvement in earlier litigation.
1 provisions across 1 enactments
2nd accused
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
