IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH WEDNESDAY THE SECOND DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3604 OF 2012 Between:
K. Satyanarayana … Petitioner/Accused V/s.
The State of Andhra Pradesh Through Station House Officer, Yellamanchili [R] Police Station, Visakhapatnam district Represented by Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioners : Sri M.S.R. Subramanyam Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3604 OF 2012 O R D E R :
This Criminal Petition is filed to quash FIR in Crime No. 34 of 2012 of Yellamanchili Rural Police Station, Visakhapatnam district, for offence under section 406 IPC.
2. Heard both sides.
3. The main objection of the petitioner is that District Collector issued proceedings on 10/12/2007 but the FIR is registered on 03/4/2012 which is beyond the period of three years from the date of knowledge, therefore, as per section 468 Cr.P.C. there is a bar for registering FIR. But as seen from the provisions of section 468 the limitation and the bar is for taking cognizance of offence but not for registering the FIR. Section 473 Cr.P.C. provides extension of period of limitation in certain cases. At the stage of FIR, delay aspect cannot be decided. However, since the crime is of the year 2007, I feel investigation should go on. It is represented that petitioner is now sarpanch and he will co-operate with the investigation.
3. Considering the facts of the case and the submission of advocate for petitioner, this criminal petition is disposed of directing police to expedite the investigation and not to arrest the petitioner till completion of investigation and filing final report.
4. With the above observation, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
02/07/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3604 OF 2012 Circulation No.59 Date: 02/07/2014 Court Master : I s L Computer No. 41st Court Hall