High Court disposed of Criminal Petition No. 1275/2015 at admission stage, refusing to quash proceedings as not a fit case. Court directed police to follow Section 41-A Cr.P.C. and petitioner to cooperate with investigation.
Directed police to follow procedure under Section 41-A Cr.P.C. during investigation; petitioner to cooperate.
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.
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION NO. 1275 OF 2015
ORDER:
At the admission stage, the following order is passed. Having regard to the prima facie accusation contained in the complaint lodged by the complainant against petitioner/A1, it is not a fit case to order quashment of proceedings.
Investigation shall go on. However, considering the submission of learned counsel for the petitioner, the Police of Atchuthapuram Police Station, Visakhapatnam District, are directed to follow the procedure contemplated under Section 41-A Cr.P.C., during the course of investigation. The petitioner/A1 shall cooperate with the investigating agency for smooth completion of investigation.
Accordingly, the Criminal Petition is disposed of.
As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J
Date: 03.03.2015 KA
2 issues framed by the court
Whether the Criminal Petition for quashment of proceedings is maintainable at the stage of admission.
Whether the investigation should proceed under Section 41-A Cr.P.C.
1 provisions across 1 enactments
Petitioner/A1
Complainant
U. DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
