Telangana High Court
CRLP/2416/2009 of KODATHALA KATAMAIAH Vs STATE OF A.P. AND ANOTHER on 30 December 2010
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2416 OF 2009. Between: Kodathala Katamaiah … Petitioner V/s. The State of Andhra Pradesh Represented by its
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
THURSDAY THE THIRTYETH DAY OF DECEMBERTWO THOUSAND AND TEN
PRESENT
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2416OF 2009.
Between:
Kodathala Katamaiah … Petitioner
V/s.
The State of Andhra PradeshRepresented by its Public Prosecutor,High Court of Andhra PradeshHyderabad & Anr. … Respondents Counsel for the Petitioner : Smt. P. Rajani Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2[nd] page)
CRIMINAL PETITION No.2416OF 2009
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O R D E R:
This Criminal Petition is filed under section 482 Cr.P.C.seeking to quash the FIR in Cr.No. 39 of 2009 of Muddanur PoliceStation, Kadapa district in so far as the petitioner is concerned and topass such other suitable orders as this court may deems fit andproper in the circumstances of the case.
2. The petitioner is arrayed as A-2 in the above crime. Thelearned counsel for the petitioner submitted that the above FIR whichwas registered for the offence under section 5 of ExplosiveSubstances Act on the basis of arrest of A-1 while he was found inpossession of country made bomb. On the basis of the confessionmade by A-1, the petitioner is arrayed as A2 in the above crime.Hence, the present FIR against the petitioner can be quashed. Hefurther submitted that the petitioner is not having any knowledgeabout possession of country made bomb by A-1.
3. Heard the learned counsel for the petitioner-A2 as well asthe learned Additional Public Prosecutor representing the State.Perused the records.
4. Though the crime was registered for the offence undersection 5 of Explosive Substances Act, prima facie, the same has tobe investigated into regarding the involvement of A-2. In any event,the Investigating Officer is directed to consider the statement and alsothe contention of the petitioner-A2 herein in the investigation and takeappropriate steps.
5. With the above direction, the Criminal Petition is disposed of.
______________________
JUSTICE RAJA ELANGO
30-12-2010I s L
CRIMINAL PETITION No. 2416 OF 2009
Circulation No. 40Date:30-12-2010Court Master: IsLComputer No.43