Criminal Petition filed to quash FIR. Petitioner alleged escaping during police escort. Court held investigation required and directions issued to investigate following Section 41A Cr.P.C.
Investigation directed to proceed under Section 41A Cr.P.C.
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10917 of 2016
ORDER:
This criminal petition is filed under Section 482 Cr.P.C to quash the proceedings in Crime No.126 of 2015 of Tenali-I Town Police Station, Guntur District, registered for the offence punishable under Section 224 IPC.
Heard the learned counsel for the petitioner/accused and the learned Additional Public Prosecutor, representing the State.
Basing on the complaint lodged by the 1st respondent/de facto complainant, the above crime was registered against the petitioner/accused alleging that as per instructions of the Station House officer, Kolluru Police Station, respondent No.1 along with another police constable were escorting the petitioner, who was accused in Crime No.81 of 2015, to produce him before the Tenali Court and when they reached Tenali Taluka Police Station premises, petitioner requested the escort party to allow him in attending the calls of nature and when they allowed him into toilets, suddenly petitioner pushed the escort party and escaped.
The allegations levelled in the complaint, prima facie, reveal the commission of offence alleged against the petitioner herein. This is a matter which requires investigation by the police, and there are no valid grounds
to quash the First Information Report.
In the facts and circumstances of the case, and as requested by the learned counsel for the petitioner/accused, the investigating agency shall proceed with the investigation, however, shall scrupulously follow the procedure as contemplated under Section 41A Cr.P.C before taking any coercive steps against the petitioner/accused.
With these observations, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed in consequence.
__________________ M.S.K.JAISWAL,J
28th July 2016
mar
1 issue framed by the court
Whether the First Information Report registered under Section 224 IPC should be quashed under Section 482 Cr.P.C.
3 provisions across 2 enactments
PETITIONER
STATE
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
