G Seshagiri Rao vs State Of Ap
2024 Latest Caselaw 1146 AP

Citation : 2024 Latest Caselaw 1146 AP
Judgement Date : 12 February, 2024

Andhra Pradesh High Court - Amravati

G Seshagiri Rao vs State Of Ap on 12 February, 2024

    IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

           MONDAY ,THE TWELFTH DAY OF FEBRUARY
             TWO THOUSAND AND TWENTY FOUR

                            PRESENT

 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

              CRIMINAL PETITION NO: 102 OF 2019

Between:

  1. G SESHAGIRI RAO, R/o. D.No.1-243A, Sarada Nagar, Near
     Head Post Office, Baligattam, Narsipatnam Municipality,
     Visakhapatnam District.
  2. Gadi Satyavathi, W/o. Gadi Seshagiri Rao, R/o. D.No. 1-243A,
     Sarada Nagar, Near Head Post Office, Baligattam, Narsipatnam
     Municipality, Visakhapatnam District
  3. Bolem Appanna Dora, S/o. Atchiyya, R/o. Sarada Nagar,
     Baligattam, Narsipatnam, Visakhapatnam District.

                                      ...PETITIONER/ACCUSED(S)
                               AND

  1. STATE OF AP, Rep. by Public Prosecutor, High Court of Andhra
     Pradesh, Amaravathi
  2. Gadi Satyanarayana Murthy, S/o. Late Kannayya Naidu, agaed
     about 51 years, R/o. H.No. 15-4-45, dBombay Tailor Street,
     Saradanagar, Narsipatnam Town and Mandal, Visakhapatnam
     District.

                                 ...RESPONDENT/COMPLAINANTS

Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court

I.A. NO: 2 OF 2019

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to vacate the interim orders date 22.1.2019 in Crl.P. No. 102 of 2019 and dismiss the quash petition and pass.

I.A. NO: 1 OF 2019

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S.V.S.S.SIVA RAM ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri_Advocate for the Respondent No.

The Court made the following:

The present criminal petition is filed seeking to quash the

proceedings in Crime No.191 of 2018 dated 28.11.2018 of

Narsipatnam town Police Station, Visakhapatnam. The said

crime was registered for the offences punishable under sections

406, 409, 418, 419, 420, 463, 467, 471 and 120(b) r/w 34 of the

Indian Penal Code, 1860.

2. The Apex Court, after considering the plethora of citations,

has laid the guidelines for quashing the FIR/complaints, in the

case of Niharika Infrastructure Private Limited vs. State of

Maharastra1. Following the said judgment and reiterating the

same guidelines, the Apex Court has passed an order in the case

2021 SCC online SC 315

of State vs. M.Maridoss and another2 and the guidelines at

paras 13.5 and 13.15 and at para 11, which reads thus:

"13.5. While examining an FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint".

"13.15. When a prayer for quashing the FIR is made by the alleged accused, the Court when it exercises the power under Section 482 Cr.P.C., only has to consider whether or not the allegations in the FIR disclose the commission of a cognizable offence and is not required to consider on merits whether the allegations make out a cognizable offence or not and the Court has to permit the investigating agency/police to investigate the allegations in the FIR."

"11. As per the settled position of law, it is the right conferred upon the investigating agency to conduct the investigation and reasonable time should be given to the investigating agency to conduct the investigation unless it is found that the allegations in the FIR do not disclose any cognizable offence at all or the complaint is barred by any law."

3. In the present case, there is a specific allegation against

the petitioners herein with regard to commission of offence

mentioned in the FIR. Hence, this Court at the FIR stage cannot

interfere or interdict the police from investigating the case.

(2023) 4 SCC 338

4. In view of the judgments of the Apex Court referred supra,

this Court is inclined to dispose of the criminal petition making

the interim order as final order and the police are hereby

directed to investigate the case and file the charge sheet.

Petitioners are also directed to cooperate with the investigating

agency.

5. Accordingly, the Criminal Petition is disposed of.