The High Court declined to quash criminal proceedings on meritorious grounds but directed expeditious investigation within three months without insisting on the accused's appearance.
The proceeding is not quashed; the investigation officer must complete it within three months without calling the accused.
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.9073 of 2016
ORDER:
This petition under Section 482 Cr.P.C. is filed by the petitioner seeking to quash the proceedings in Crime No.52 of 2015 of Kataram Police Station, Karimnagar District, registered for the offences punishable under Sections 409, 420 IPC against him.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.
3. As seen from the complaint, there are certain allegations against the petitioner. Truth or otherwise of the allegations made in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to interfere with the impugned proceedings. However, the investigating officer should expeditiously investigate into the crime without insisting for the appearance of the petitioner and shall also take into consideration such of those documents produced by the petitioner/Accused during the course of investigation and file final report positively within three (3) months from today.
4. With the above direction, the Criminal Petition is disposed of.
5. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
M.S.K.JAISWAL,J
Date: 27.06.2016 Rds
THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.9073 of 2016
Date:27.06.2016
Rds
2 issues framed by the court
Whether the High Court should quash criminal proceedings under Sections 409 and 420 IPC.
Whether the investigation can be conducted without the appearance of the accused.
1 provisions across 1 enactments
Petitioner
State
M.S.K. Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
