Criminal Petition challenged criminal proceedings under IPC Sections 448 and 506. Court held quashing untenable due to pending bail trial and lack of prima facie material, but granted bail on execution of bond.
Criminal Petition disposed of. Quashing refused. Bail granted on Rs. 5,000 execution of personal bond.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 5543 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.262 of 2011 on the file of the Miyapur Police Station, Cyberabad, Hyderabad for the offences under Section 448 and 506 of the Indian Penal Code, 1860.
According to the claim of the petitioners, a private complaint was filed by the 2nd respondent and it was forwarded to the police and investigated into. According to the claim of the petitioners, there are some civil litigations with regard to the property at Bhongir and a suit was filed and earlier C.C.No.530 of 2009 was filed against the de-facto complainant and by giving a false address as if he is residing at Miyapur in order to harass the petitioners and they were involved in the crime.
Evidently, there are ill-feelings between both the parties. The question as to whether the de-facto complainant was residing at Miyapur or not and the truth or otherwise of the allegations in the complaint can only be decided after examining the witnesses. Therefore, in view of the above circumstances, at this stage, the quashing of the proceedings are not tenable. However, in case of arrest, the petitioners shall be released on bail on executing a personal bond for Rs.5,000/- (Rupees five thousand only) each with one surety for the likesum each to the satisfaction of the Arresting Officer.
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. 5543 of 2011
DATE: 12-07-2011
MR
1 issue framed by the court
Whether the quashing of criminal proceedings under Section 482 CrPC is tenable at the initial stage.
2 provisions across 2 enactments
Petitioners
2nd Respondent
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
