HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.814 of 2014 Date: 10-6-2014 Between Boini Mallaiah … Petitioner/ Accused and Rodda Upender … Respondent/
De facto Complainant
The State through SHO, PS Choppadandi, Karimnagar Dist., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.814 of 2014 Order:
The petitioner allegedly committed the offences under Sections 420, 499 and 500 IPC. He seeks for the quashment of the First Information Report (FIR) in Crime No.139 of 2013 on the file of Choppadandi Police Station, Karimnagar District. The learned counsel for the petitioner submitted that absolutely no case is made out against the petitioner.
2. Admittedly, investigation has not been completed. It perhaps would be appropriate to permit the Police to proceed with the investigation and decide whether any case is made out against the petitioner or not. At the same time, where it is the contention of the learned counsel for the petitioner that there is absolutely no case against the petitioner, it would be appropriate to direct the Police not to arrest the petitioner. However, the petitioner has already obtained anticipatory bail. In view of these circumstances, I consider it appropriate to dispose of the petition directing the Police to proceed with the investigation but not to take any coercive steps against the petitioner.
3. Accordingly, this criminal petition is allowed. The Police may proceed with the investigation. However, the Police shall not take any coercive steps against the petitioner till investigation is completed.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
10th June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.814 of 2014 10th June, 2014. (Ak)