Disposed
T.Nooka Raju , Babu Rao, v. The State of Andhra Pradesh
Telangana HCCRLP/9054/2016
Case brief
from the order text
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SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION…
What the court decided
AI extract
SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION…
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9054 of 2016
ORDER:
The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Cr.No.870/15-16 of Prathipadu police station, East Godavari District, registered for the offences punishable under Sections 7(a) read with 8 (e) of the Andhra Pradesh Prohibition Act, 1995 read with 34 (e), 34 (2), 31 (1) (f), 41, 42 (c) of the Andhra Pradesh Excise Act, 1968.
2. Heard the learned counsel for the petitioner/A3 and the learned Additional Public Prosecutor, representing the State.
3. Specific allegations are made against the petitioner 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.
4. In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the investigating
agency to proceed with the investigation, however, without arresting the petitioner/A.3 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioner/A.3 shall appear before the investigating agency as and when required during course of investigation.
5. Pending miscellaneous applications, if any, shall stand closed in consequence.
__________________ M.S.K.JAISWAL,J
24.06.2016 DRK
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.9054 of 2016
24.04.2016
2 issues framed by the court
Whether to quash criminal proceedings and First Information Report at the initial stage of investigation.
Whether the petitioner should be arrested pending investigation without filing a charge sheet.
3 provisions across 3 enactments
A3
The State
M.S.K. JAISWAL
As recorded by the court registry
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