Criminal Petition filed under Section 482 Cr.P.C. seeking quashing of FIR. Court held investigation is required. Ordered police to complete investigation without arresting the petitioner and file final report.
Directed police to complete investigation without arresting the petitioner and file final report.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.7883 of 2013
ORDER:
1. This Criminal Petition is filed by the petitioner-A2 under Section 482 Cr.P.C. seeking to quash the proceedings against him in F.I.R.No.215 of 2013, registered for the offence punishable under Sections 191, 192, 198, 420, 468 and 471 r/w 34 IPC.
2. Brief facts of the case are as follows:
The former President of Sanskruti Township prepared forged documents for renewal of service agreement to M/s. Mahalakshmi Cable Net work of the petitioner for 10 years from 31.8.2010 to 30.8.2020, basing on which, the petitioner’s firm filed civil and criminal cases on the Welfare Association. The said service agreement is fake, null and void. The Ex. President B. Venkat Reddy and Mahalaxmi Cable net works management colluded with each other and created a fake agreement with malafide intention to tarnish the image of Welfare Association members and also the complainant.
3. It is the case of the petitioner that the petitioner is innocent and he did not commit any offence muchless the offences attributed against him.
4. This is a petition filed for quashing the proceedings against the petitioner-A2. The allegation against the petitioner is that he along with the other accused committed the above offence. With the available material on record, the truth or otherwise of the allegations cannot be decided by this Court. The matter requires investigation. Therefore, this Court is not inclined to interfere with the proceedings in the above crime. However, the respondent-police are directed to complete the investigation without arresting the petitioner and file a final report, if any, in accordance with law.
5. Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous
petitions pending, if any, shall stand closed.
JUSTICE RAJA ELANGO
Dated: 8.10.2015
Nn
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.7883 of 2013
8.10.2015
Nn
2 issues framed by the court
Whether the quashing petition under Section 482 Cr.P.C. should be allowed on available material.
Whether the petitioner should be arrested during investigation.
1 provisions across 1 enactments
Petitioner (Petitioner-A2)
Police
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
