HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6277 of 2014 Date: 11-6-2014 Between Dr. Govinda Rajulu … Petitioner/ Accused and The State of A.P., Rep. by the Public Prosecutor, High Court, Hyderabad … Respondent Surisetty Jalausha … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6277 of 2014 Order:
The petitioner seeks for quashment of First Information Report (FIR) in Crime No.269 of 2013 on the file of Central Cyber Crimes Police Station, Visakhapatnam. The 2nd respondent, who is a Woman Police Constable, made allegations against the petitioner for the offences under Section 66A of the Information Technology Act as well as under Section 509 IPC.
2. A reading of the FIR disclosed that there are allegations against the petitioner albeit admittedly the petitioner earlier filed a case against the 2nd respondent and also got her arrested. However, I am not inclined to consider it as a ground to treat the complaint of the 2nd respondent as a counterblast and to order for the quashment of the FIR in Crime No.269 of 2013. The complaint is at the investigation stage. It would be appropriate for the Police to be permitted to proceed with the investigation. In view of the contention of the petitioner that it is a counterblast case, it would be appropriate to direct the Police not to arrest the petitioner during the pendency of the investigation.
3. Consequently, this criminal petition is disposed of granting liberty to the Police to proceed with the investigation of the case in Crime No.269 of 2013 on the file of Central Cyber Crimes Police Station, Visakhapatnam. However, the Police are restrained from arresting the petitioner during the pendency of the investigation. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
11th June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6277 of 2014 11th June, 2014. (Ak)