HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6664 of 2014 Date: 30-7-2014 Between B.Sitarami Reddy … Petitioner/ Accused No.1 and The State of A.P., Rep. by its Public Prosecutor, High Court, Hyderabad, Through Pullala Cheruvu PS, Prakasam District, A.P., … Respondent Vankadavath Vasantarao Naik … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6664 of 2014 Order:
The petitioner-accused No.1 seeks for quashment of First Information Report (FIR) in Crime No.39 of 2014 on the file of Pullala Cheruvu Police Station, Prakasam District. He allegedly committed the offences under Sections 171E and 188 IPC and under Section 212 of A.P. Panchayat Raj Act.
2. The learned counsel for the petitioner submitted that the petitioner did not commit the offences, as alleged by the 2nd respondent-de facto complainant.
3. Where the investigation is at the threshold on the complaint, it would be appropriate to permit the prosecution to proceed with the complaint. However, where it is contended by the petitioner that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioner during the pendency of the investigation.
4. Accordingly, this criminal petition is disposed of granting liberty to Police to proceed with the investigation in Crime No.39 of 2014 on the file of Pullala Cheruvu Police Station, Prakasam District. Police, however, are restrained from arresting the petitioner-accused No.1 during the pendency of the investigation.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
30th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6664 of 2014 30th July, 2014. (Ak)