HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5990 of 2014 Date: 05-6-2014 Between Chevula Nageswara Rao … Petitioner/ Accused No.10 and The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent/ Complainant HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5990 of 2014 Order:
The petitioner seeks for quashment of First Information Report (FIR) in Crime No.47 of 2014 on the file of Chilkoor Police Station, Nalgonda District so far as the petitioner is concerned. The petitioner is accused No.10.
2. It is the case of the learned counsel for the petitioner that during the elections of ZPTC and MPTC persons, there were quarrels between the members belonging to Telugu Desam Party and members belonging to Congress Party and that the members of both sides received injuries. He submitted that unfortunately, one of the persons belonging to Telugu Desam Party died in the scuffle and that consequently, a case under Section 302 IPC and other offences under the Indian Penal Code was instituted against various accused including the petitioner herein. The learned counsel for the petitioner submitted that practically, there are no allegations against the petitioner.
3. The case is still at the stage of investigation.
The learned Additional Public Prosecutor submitted that 34 witnesses have been examined. Where charge-sheet has not been filed, I do not consider it appropriate to order for the quanshment of the FIR at this stage.
It would be appropriate to permit the prosecution to go ahead with the investigation and lay charge-sheet if it considers appropriate to lay the charge-sheet. During the pendency of the investigation, however, arrest of the petitioner-accused No.10 deserves to be prevented.
4. Consequently, this petition is disposed of permitting the prosecution to proceed with the investigation of the case and to lay charge-sheet if it so thinks just and proper. During the pendency of the investigation, there shall be stay of arrest of the petitioner- accused No.10. The miscellaneous petitions, if any, in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
05th June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5990 of 2014 05th June, 2014. (Ak)