HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.8779 of 2014 Date: 20-8-2014 Between Theegala Appala Narasayya Gupta and another … Petitioners/ Accused 1 and 2 and The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad, Through its SHO, III Town PS, Visakhapatnam … Respondent Mallidi Kasturi … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.8779 of 2014 Order:
The petitioners-accused 1 and 2 seek for quashment of First Information Report (FIR) in Crime No.923 of 2013 on the file of III Town Police Station, Visakhapatnam. They allegedly committed the offences under Sections 420, 468 and 471 IPC.
2. The learned counsel for the petitioners submitted that the petitioners did not commit the offences, as alleged by the 2nd 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.923 of 2013 on the file of III Town Police Station, Visakhapatnam. Police, however, are restrained from arresting the petitioners-accused 1 and 2 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.8779 of 2014 20th August, 2014. (Ak)