The court declined to quash criminal proceedings under Section 482 Cr.P.C. due to pending investigation. It directed police to investigate without arresting the petitioner but required the petitioner's cooperation.
Proceedings not quashed. Petitioner directed to appear and cooperate without arrest.
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9281 of 2016
ORDER
This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.114 of 2016 of II Town Police Station, Mahabubnagar, registered for the offences punishable under Sections 420 and 494 I.P.C.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.
3. As seen from the complaint, it is evident that there are certain allegations against the petitioner. The truth or otherwise of the allegations made against the petitioner in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to quash the impugned proceedings. However, the police concerned are directed to proceed with the investigation without arresting the petitioner. The petitioner is directed to appear before the investigating agency, as and when required and cooperate with the investigating agency.
4. With the above directions, the Criminal Petition is disposed of.
5. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
Date:29.06.2016
pab
2 issues framed by the court
Whether the proceedings under Sections 420 and 494 I.P.C. ought to be quashed under Section 482 Cr.P.C.
Whether non-arrest coupled with directed investigation is an appropriate disposal in this case
2 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
