THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.9095 of 2012 Date:04.08.2014 Between:
Uday Singh Hajari and another.
. Petitioners.
AND State of Andhra Pradesh Rep by its Public Prosecutor, High Court, Hyderabad and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.9095 of 2012 ORDER:
This petition is filed to quash First Information Report in Crime No.304/2012 of Mangalhat Police Station for alleged offences under Sections 448 & 506 read with 34 IPC.
2. Heard both sides.
3. According to petitioners’ Advocate, petitioners have filed a civil suit and there was injunction in their favour by the date of alleged complaint, therefore, the question of trespass and other allegations are only created for the purpose of criminal case.
4. I have perused the material papers filed along with the quash petition. Besides trespass, Section 506 IPC is also registered against the petitioners along with 34 IPC. The petitioners are A3 & A4. According to learned Public Prosecutor, investigation is not proceeded with thinking that interim stay is still in force. As seen from the material papers, interim stay granted by this Court is not extended and as on today, there is no stay.
5. Considering these aspects, I feel that this petition can be disposed of directing the police to complete the investigation as expeditiously as possible and in the mean time not to arrest the petitioners in the above said crime.
6. For these reasons, petition is disposed of directing the police to expedite investigation and complete it, as early as possible, and not to arrest the petitioners i.e, A3 & A4 till completion of investigation or filing of final report.
JUSTICE S. RAVI KUMAR
Date:04.08.2014 mrb