Criminal petition under Section 482 Cr.P.C. seeking quashment of FIR filed for offences under Section 420 IPC and AP Chit Funds Act. Court found facts insufficient for quashing but entitled petitioners to regular bail.
Liberty to surrender for regular bail; Magistrate directed to grant bail with necessary conditions.
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HON’BLE Dr. JUSTICE B. SIVA SANKARA RAO
CRIMINAL PETITION No.9166 of 2015
ORDER:
This Criminal Petition is filed by the Petitioners/Accused Nos.1 to 3 under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.65 of 2015 of Narasaraopet Police Station, Guntur District, registered for the offences punishable under Section 420 I.P.C. and Section 56(1) of Andhra Pradesh Chit Funds Act, 1971. 2. Heard the learned counsel for the petitioners/accused Nos.1 to 3 and the 1st respondent-State represented by the Public Prosecutor, before admission and before issuing notice to the 2nd respondent and perused the material on record.
3 . As the facts falls short for this Court to admit the Criminal Petition filed under Section 482 Cr.P.C. to quash the F.I.R. proceedings but for to the entitlement of concession of regular bail, the Criminal Petition is disposed of giving liberty to the petitioners to surrender before the learned Magistrate concerned and move for regular bail with notice to Assistant Public Prosecutor concerned and in such event, the learned Magistrate shall grant bail with necessary conditions on the same day. Needless to say, at post bail stage, pending investigation, their presence before the Court concerned can be dispensed with. Further remedies are left open to the petitioners, in the event of police filing final report and after taking cognizance by the learned Magistrate.
4 . Miscellaneous petitions pending, if any, in this criminal petition shall stand closed.
Dr. B. SIVA SANKARA RAO, J
07.10.2015
siva
2 issues framed by the court
Whether the CrPC 482 petition for quashing proceedings due to insufficient facts for quash but entitlement for bail.
Liberty to petitioners to surrender for regular bail with necessary conditions.
3 provisions across 3 enactments
Accused Nos. 1 to 3
State
Assistant Public Prosecutor
Dr. B. Siva Sanka Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
