IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2774 OF 2012 Between:
Sykam Bala Subba Reddy & Ors. … Petitioners/A-1 to A-5 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioners : Sri Nimmagadda Satyanarayana Counsel for Respondents : Public Prosecutor for R-1 Smt.A. Varalakshmi for R-2 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2774 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in Crime No. 37 of 2012 of Kanigiri Police Station for alleged offences punishable under section 506, 447, 427, 435 read with section 34 IPC against petitioners.
2. Heard both sides.
3. Advocate for petitioners submitted that there is civil dispute between parties and a suit is pending and the present complaint is in respect of the said civil dispute . It is submitted that no prima facie offence is made out from a reading of complaint and the present crime is registered only to harass petitioners.
4. I have perused material papers filed along with quash petition.
5. As seen from the FIR specific allegations are made against petitioners and the correctness of those allegations can be decided only after full fledged investigation. Therefore, considering the nature of allegations, gravity of offence and the submissions of both sides, I feel that police shall be directed to complete investigation as expeditiously as possible by directing them not to arrest the petitioners till completion of investigation or filing of final report.
5. With the above observation, this Criminal Petition is disposed of, directing police to expedite investigation and complete it as early as possible and in the meanwhile not to arrest the petitioners till filing of final report, as all the offences are bailable.
JUSTICE S. RAVI KUMAR.
23/06/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2774 OF 2012 Circulation No.151 Date:23/06/2014 Court Master: I s L Computer No. 20th Court Hall