HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7015 of 2014 Date: 07-7-2014 Between Yelamanchali Srinivas Choudary … Petitioner/ Accused No.3 and The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad … Respondent Syed Azimunnisa … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7015 of 2014 Order:
The petitioner-accused No.3 seeks for quashment of First Information Report (FIR) in Crime No.125 of 2014 on the file of Vuyyuru Town Police Station, Krishna District. He allegedly committed the offences under Sections 420 and 506 IPC and under Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999.
2. The learned counsel for the petitioner submitted that the petitioner 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 petitioner that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioner 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.125 of 2014 on the file of Vuyyuru Town Police Station, Krishna District. Police, however, are restrained from arresting the petitioner-accused No.3 during the pendency of the investigation.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
07th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7015 of 2014 07th July, 2014. (Ak)