Andhra Pradesh High Court - Amravati
Mj.S.B.A.C.Sekhar Babu vs State Of Ap on 14 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NO: 541 OF 2019
Between:
1. MJ.S.B.A.C.SEKHAR BABU, H.No. 4-5-24-L-1, Ashok Nagar, Kurnool
2. M.JACOB SHIMMI, H.No. 4-5-24-L-1, Ashok Nagar, Kurnool
...PETITIONER/ACCU
AND
1. STATE OF AP, hIGH COURT OF ap, AMARAVATHI
2. N Mary Nakshatramma, H.No. 76-100-3-1, Vasavi nagar, Kallur Mandal
...RESPONDENT/COMPLAI
Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated
Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records in relating
393/2018 on the file of the kurnool IV town police station, kurnool dist. U/S 420, 506 r/w 34 IPC and qu
same
I.A. NO: 2 OF 2019
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memoran
Grounds of Criminal Petition,the High Court may be pleased Pleased to grant stay of all further proceed
FIR 393/2018 on the file of the Kurnool IV Town Police station, Kurnool U/S 420 , 506 r/w 34 IPC P
disposal of the quash petition
I.A. NO: 1 OF 2019
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memoran
Grounds of Criminal Petition,the High Court may be pleased Pleased to dispense with the filing of the c
copy of FIR dated 17-10-2019 on the file of the court of the Judicial Magistrate of first class, Kurnool
I.A. NO: 3 OF 2019
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memoran
Grounds of Criminal Petition,the High Court may be pleased To stay of all further proceedings in FIR 39
on the file of the Kurnool IV Town Police station, Kurnool Dis t. Pending disposal of the quash petition
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petiti
upon hearing the arguments of Sri LAKSHMIKANTH REDDY DESAI ,Advocate for the Petitioner and the
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 under Section 482 of Cr
to call for the records pertaining to F.I.R.No.393 of 2018 d
17.10.2018, where Kurnool IV Town Police Station registered the cas
Infrastructure (P) Ltd., vs. State of Maharashtra 1 . Following the
judgment and reiterating the same guidelines, the Apex Court
passed an order in the case of State vs. M.Maridoss and another2 and
guidelines at paragraph Nos.13.5 and 13.15 and at paragraph No
which read 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 and the court when it exercises the power under
Section 482 Cr. P.C., only has to consider whether the allegations
in the FIR disclose commission of a cognizable offence or not. The
court is not required to consider on merits whether or not the
merits of the allegations make out a cognizable offence 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
petitioners herein with regard to commission of offence. When there
specific allegation against the petitioners for cognizable offence,
Court at the FIR stage cannot interfere or interdict the police
investigating the case at the nascent stage.
years, the police is directed to follow the procedure prescribed u
Section 41A Cr.P.C. and also the guidelines laid down by the Ho
Supreme Court in the case of Arnesh Kumar vs. State of Bihar3.
5. Accordingly, the Criminal Petition is disposed of.
As a sequel, interlocutory applications, pending if any in this ca
shall stand closed.
REGI
//TRUE COPY//
SECTION OF
To,
1. STATE OF AP, hIGH COURT OF ap, AMARAVATHI
2. N Mary Nakshatramma, H.No. 76-100-3-1, Vasavi nagar, Kallur Mandal
3. One CC to SRI. LAKSHMIKANTH REDDY DESAI Advocate [OPUC]
4. One CC to SRI. PUBLIC PROSECUTOR (AP) Advocate [OPUC]
Two CD Copies
HIGH COURT
TRRJ
DATED:14/02/2024
ORDER
