HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.1276 OF 2012 Dated 11-8-2014 Between:
Gurram Laxma Reddy.
..Petitioner.
And:
The State of A.P. represented by its Public Prosecutor, High Court of A.P., Hyderabad and another.
..Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.1276 OF 2012 ORDER:
This petition is filed to quash the F.I.R. in Crime No.4 of 2012 of Vangoor Mandal Police Station, Mahabubnagar District for the alleged offences under Sections 354, 323 and 506 read with 511 I.P.C.
Heard advocate for petitioner.
It is submitted that there is civil litigation between the parties and the same is converted into a criminal case. He submitted from a reading of complaint, the complainant gave explanation with regard to delay in lodging the complaint and the same is not convincing. He further submitted that though the incident alleged was on 15-8-2011, the private complaint is filed on 31- 12-2011 and the wife of petitioner herein gave complaint against the very same complainant who is figured as A.5 in Cr.No.97 of 2011 at the same Police Station and as a counter blast, this complaint is planted only to harass the petitioner.
I have perused both the complaint and both the F.I.Rs.
As seen from the complaint, both parties are at loggerheads and both of them attribute against each other with offences punishable under I.P.C. and the fact remains that both of them are fighting. At this stage, the allegations and counter allegations cannot be decided on the basis of complaints and it requires through investigation. It is not known what happened to the investigation in Cr.No.97 of 2011 which is registered on the complaint given by wife of the petitioner and so far as this crime is concerned, as there was stay, there was no further progress in the investigation.
Considering the facts and circumstances I feel by directing police to expedite the investigation and to follow Sections 41 and 41-A Cr.P.C. at the time of arrest of the petitioner, the present petition can be disposed of.
Accordingly, Police are directed to expedite investigation and complete it as early as possible by following Sections 41 and 41-A Cr.P.C. at the time of arrest of the petitioners if necessary.
Accordingly, this Criminal Petition is disposed of.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 11-8-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.1276 OF 2012 Dated 11-8-2014