HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9788 of 2014 Date: 20-8-2014 Between Mallidi Kasturi and 12 others … Petitioners/ Accused 1 to 13 and The State of A.P., Rep. by its Public Prosecutor, High Court at Hyderabad; and another … Respondents T.Subba Rao … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9788 of 2014 Order:
The petitioners-accused 1 to 13 seek for quashment of First Information Report (FIR) in Crime No.725 of 2013 on the file of III Town Police Station, Visakhapatnam. They allegedly committed the offences under Sections 420, 463, 464, 468, 469, 471 and 120-B read with Section 34 IPC.
2. The learned counsel for the petitioners submitted that the petitioners did not commit the offences, as alleged by the 3rd respondent-de facto complainant.
3. Where the investigation is at the threshold on the complaint, it would be appropriate to permit the prosecution to proceed with the complaint. However, where it is contended by the petitioners that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioners during the pendency of the investigation.
4. Accordingly, this criminal petition is disposed of granting liberty to Police to proceed with the investigation in Crime No.725 of 2013 on the file of III Town Police Station, Visakhapatnam. Police, however, are restrained from arresting the petitioners-accused 1 to 13 during the pendency of the investigation.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
20th August, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9788 of 2014 20th August, 2014. (Ak)