HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTIETH DAY OF JULY, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE S.RAVI KUMAR CRLP .NO:7194 of 2012 Between:
1. Poselli Shiva Prasad,S/o Gopal,
2. Amaragani Ramakrishna, S/o Ailaiah, AND . Petitioners
1. The State of Andhra Pradesh, through S.H.O, Mancherial PS., Adilabad District., , Rep. By its Public Prosecutor, High Court , at Hyderabad,
2. Saraswathi Vijayakumar, S/o Panduranga Raju, R/o H.No.5-200, Near A-One Lodge, Mancherial Mandal, Adilabad District.
. Respondents Petition under section 482 of Cr.PC., praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to quash the proceedings in Cr.No.325 of 2012 of Mancherial PS., Adilabad District and to grant such other relief or reliefs The petition coming on for hearing, upon perusing the Petition and the memo of grounds filed herein, order of High Court dated 09- 10-2012 made in Crl.P.MP.No. 6851 of 2012, and upon hearing the arguments of Sri Gajanand Chakravarthi Advocate for the Petitioners, and of Public Prosecutor for Respondent No.1, and Smt. V. Sujatha, Advocate for Respondent No.2, the Court made the following ORDER:
Learned Public Prosecutor submitted that according to the instructions received from the Sub-Inspector of Police, Mancherial Police Station, dated 14-07-2014, the investigation is pending for arrest of the accused. But the version of the Sub- Inspector of Police is not acceptable, because the arrest of the accused is nothing to do with the investigation and he has to complete the investigation and record the finding with regard to the arrest of the accused in the final report. If the accused is on bail he has to show that the accused is on bail and if the accused is not traced, he has to show that the accused is absconding and file the charge sheet.
Learned counsel for the petitioners submitted that this Court has already granted anticipatory bail to the petitioners. If that is so, the investigating Officer cannot say that investigation is pending for want of arrest of the accused. Therefore, the Investigating Officer is directed to appear before this Court on 08-08-2014 along with C.D. file.
Post on 08-08-2014 //TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The II Additional Judicial First Class Magistrate at Mancherial, Adilabad District
2. The Station House Officer, Mancherial Police Station, Adilabad District.(BY Speed Post/ RPAD)
3. Saraswathi Vijayakumar, S/o Panduranga Raju, R/o H.No.5-200, Near A-One Lodge, Mancherial Mandal, Adilabad District.
4. Two CCs to Public Prosecutor, High Court, Hyderabad (OUT)
5. One CC to Sri Gajanand Chakrvarthy, Advocate (OPUC)
6. One spare copy Skm HIGH COURT SRK,J Drafted by: skm Drafted on: 31-07-2014 DATE: 30-07-2014 NOTE: POST ON 08-08-2014 ORDER CRL.P. NO. 7194 of 2012 DIRECTION