This order in a criminal petition sought to quash an FIR. The court disposed of the matter by directing the police to complete the investigation expeditiously without arresting the petitioners till the final report is filed.
Direction to police to complete investigation expeditiously without arresting petitioners till final report.
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HON’BLE SRI JUSTICE S.RAVI KUMAR
CRIMINAL PETITION No. 8240 OF 2012
ORDER:
This petition is filed to quash the First Information Report (FIR) in Cr.No.97 of 2012 for alleged offence under Section 379 of IPC of Vikarabad Police Station.
Heard both sides.
The main objection of advocate for petitioners is even if the entire allegations in the FIR are accepted, they do not attract offence under Section 379 IPC. At best, it may attract offence under the provisions of A.P. Water Land and Trees Act,2002 and the punishment for the said offence is only penalty and Tahsildar, who gave the report, can himself enquire into the mater in respect of cutting of trees. It is submitted that there is no prima facie material and the petitioners are appointed as President and Vice-President of Dargah Hzt Khaja Syed Ghulam Rasool.
On the other hand, learned Public Prosecutor submitted that investigation is in progress and according to his instructions part of property was recovered from the accused and Revenue Inspector conducted enquiry and, therefore, there are no grounds to quash the proceedings.
I have perused the material papers filed along with quash petition and statements of witnesses recorded by the police so far. Considering the material, I feel instead of going into the merits of the case, the petition can be disposed of directing the police to proceed with the investigation without arresting the petitioners till completion of investigation or filing of final report.
Accordingly, the Criminal Petition is disposed of directing the police to complete the investigation as expeditiously as possible without arresting the petitioners till completion of investigation and filing of final report.
S.RAVI KUMAR, J
07.08.2014. TSNR
Petitioner
State
S. RAVI KUMAR
As recorded by the court registry
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