Court disposed of a Criminal Petition filed under Section 482 CrPC to quash proceedings for theft. Court denied stay of proceedings but stayed the arrest of petitioners until the charge sheet is filed.
Stayed the arrest of petitioners till filing of the charge sheet; proceedings not stayed.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 5526 of 2011
ORDER:
The present Criminal Petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No. 43 of 2011 on the file of the Jeelugumilli Police Station of West Godavari District for offences under Sections 447, 379 and 506 read with Section 34 of the Indian Penal Code, 1860.
The allegations in the complaint go to show that these accusedpetitioners along with others said to have committed the theft of the mango crop in the land of the de facto-complainant.
It is the submission of the learned counsel for the petitioners that civil litigation is pending and the Appeal Suit is pending before this Court.
Therefore, in view of the above circumstances, at this stage, without investigation into the case, the proceedings cannot be stayed. However, the arrest of the petitioners is stayed till filing of the charge sheet.
Accordingly, the Criminal Petition is disposed of.
________________________ N.R.L. NAGESWARA RAO, J
Date: 12-07-2011 MR
THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 5526 of 2011
DATE: 12-07-2011
MR
1 issue framed by the court
Whether the pending civil litigation precludes the stay of criminal proceedings filed under Section 482 CrPC.
2 provisions across 2 enactments
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
