The High Court dismissed the petition under Section 482 Cr.P.C. seeking to quash proceedings for culpable homicide but directed police to investigate without arresting the accused for one month, contingent on undertaking for future appearance.
Direct to police to investigate without arresting accused for one month and to file final report.
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.
THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
Criminal Petition No.7895 of 2016
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioner/accused in F.I.R. No.26 of 2016 of II Town Police Station, Nandyal, Kurnool District, registered for the offences punishable under Section 306 read with Section 511 read with Section 34 I.P.C.
Heard and perused the material available on record.
Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against petitioner/accused are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioner/accused.
However, in view of submissions of the learned counsel for petitioner that petitioner-accused is apprehending of his arrest in view of the pendency of the above crime, the police concerned are directed to complete the investigation into the crime without arresting the petitioner/accused for a period of one month from today and file the final report, if any, in accordance with law. However, in the event of necessity, the police concerned are directed to issue notice to petitioner/accused requiring him to appear before the
investigating agency for the purpose of investigation and on issuance of such notice, the petitioner/accused shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.
Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.
_______________________ JUSTICE M.S.K.JAISWAL
Date: 09-06-2016
skmr
2 issues framed by the court
Whether to quash criminal proceedings initiated for alleged crime of culpable-homicide by act done for committing suicide.
Whether to grant stay on arrest of the petitioner-acused during investigation period.
4 provisions across 2 enactments
Petitioner/Accused
State
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
