Per, Justice M.S.K.Jaiswal; the Court declined to quash criminal proceedings but directed police to proceed with investigation without arresting the petitioner, requiring his cooperation with the agency.
Proceed with investigation without arresting the petitioner; direct petitioner to cooperate with the investigating agency as necessary.
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.9302 of 2016
ORDER:
This petition under Section 482 Cr.P.C., is filed by the petitioner/Accused seeking to quash the proceedings in Crime No.70 of 2016 of Kavali (R) Sri Potti Sri Ramulu Nellore District, registered for the offences punishable under Sections 506, 352, 420, 290, 447 and 427 IPC against him.
2. Heard learned counsel for the petitioner/Accused 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 police concerned are directed to proceed with the investigation without arresting the petitioner/Accused till completion of investigation. The petitioner/Accused is directed to appear before the investigating agency, as and when necessary and cooperate with the investigating agency.
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: 29.06.2016 Rds
THE HON’BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.9302 of 2016
Date:29.06.2016
Rds
2 issues framed by the court
Whether proceedings under Sections 506, 352, 420, 290, 447 and 427 IPC can be quashed at this stage?
Whether the petitioner may be arrested during the pendency of investigation with a direction for cooperation?
2 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
