The High Court refused to quash the FIR for fraud and criminal breach of trust offences. Instead, it directed petitioners to surrender within one month for bail under bond.
Directing petitioners to surrender within one month for bail on bond of Rs.5,000 each with two sureties; police to complete investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
TUESDAY THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND FOURTEEN
PRESENT
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 809 OF 2012
Between:
Madam Sudhakar Gupta & Anr. … Petitioners/A-5 & A-6
V/s. The State of Andhra Pradesh Represented by Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioners : Sri C.B. Ram Mohan Reddy Counsel for Respondents : Public Prosecutor
The court made the following : [order follows]
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 809 OF 2012
O R D E R :
This Criminal Petition is filed to quash F.I.R. in Crime No.133 of 2011 on the file of Miryalaguda I-Town Police Station, Nalgonda district, registered for offences under section 403, 407, 420 and 468 IPC.
2. Heard both sides.
3. Advocate for petitioners submitted that there are no
specific allegations against the petitioners for alleged offences under section 403, 407, 420 and 468 IPC. He submitte4d that all
the allegations are against A-2, who is Managing Partner of the firm and the petitioners have nothing to do with the acts of the second accused and they are falsely implicated.
4. As seen from the material on record, this court earlier granted interim stay on 24/01/2012 and extended from time to time but not extended after 15/06/2012. It is represented that further investigation was not done thinking that there was stay and when anticipatory bail application was moved before Sessions Court,
that application was dismissed on the ground that there is stay in the matter. He submitted that first petitioner is aged about 60 years, second petitioner is a lady and that they are ready to cooperate with the investigation and also trial.
5. Considering the submissions of both sides and on perusal of the material on record, I feel the correctness of the allegations cannot be decided at this stage and police must verify the truth or otherwise of the allegations levelled in the complaint. However, since the petitioners are apprehending arrest on account of this crime, which is registered in the year 2011, I feel that some arrangement has to be made for their bail.
6. Considering the gravity of offence and nature of allegations, I feel that both the petitioners shall be directed to surrender before Judicial Magistrate of First Class, Miryalaguda, Nalgonda district, within one month from the date of this order and on their surrender the Magistrate shall release them on executing a bond for Rs.5,000/- [Rs. Five Thousand only] with two sureties for likesum each to the satisfaction of the learned Magistrate and that Police shall complete the investigation as early as possible without being influenced by dismissal of this criminal petition.
7. With the above observation, this Criminal Petition is
disposed off.
_______________________ JUSTICE S. RAVI KUMAR . 22/04/2014 I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 809 OF 2012
Circulation No.48 Date:22/04/2014 Court Master: I s L Computer No.43
2 issues framed by the court
Whether the Criminal Petition to quash the FIR should be allowed or dismissed.
Whether interim bail or some other arrangement should be made given the apprehension of arrest.
1 provisions across 1 enactments
Madam Sudhakar Gupta & Anr.
The State of Andhra Pradesh
S. Ravi Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
