Single judge disposed of the criminal petition under Section 482 Cr.P.C. refusing to quash the FIR, directing the investigation agency to proceed without arresting the petitioners for one month.
Directions to proceed with investigation without arresting the petitioners for one month.
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.8246 of 2016
ORDER:
The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in FIR.No.10 of 2016 of CID Police Station, TS, Hyderabad, registered for the offences punishable under section 370 (iii)(iv)(v) of IPC and under Sections 3, 2(v) of SCs & STs (POA) Act, 1989 and under Sections 16, 17, 18 & 23 of Bonded Labour System (Abolition) Act, 1976.
Heard the learned counsel appearing for the petitioners/A3 & A4 and the learned Additional Public Prosecutor, representing the State.
Specific allegations were made against the petitioners in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.
In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioners/A3 & A4 in the above crime, for a period of one month from today. The petitioners/A3 & A4 shall appear before the investigating agency as and when required during course of investigation.
Pending miscellaneous applications, if any, shall stand closed in consequence.
M.S.K.JAISWAL,J
Date:15.06.2016 Dsr
1 issue framed by the court
Whether the criminal proceedings in the FIR should be quashed or allowed to proceed despite the allegations being specific.
4 provisions across 4 enactments
Petitioners/A3 & A4
State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.S.K.JAISWAL
Parties & counsel
