Telangana High Court
CRLP/5654/2006 of Chinnam David Sandeep Sagar , Sundeep Sagar, (A7) Vs The State of A.P., on 26 December 2006
SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5654 of 2008 ORDER: This petition is filed to quash the proceedings in Cr.No.73 of 2008 registered for the offence punishable under Section 304- A I.P.C. on the file of the Police Station at Kothavalasa, Vizianagaram District. It is the
THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDYCRIMINAL PETITION No.5654 of 2008
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ORDER:
This petition is filed to quash the proceedings in Cr.No.73 of2008 registered for the offence punishable under Section 304-AI.P.C. on the file of the Police Station at Kothavalasa,Vizianagaram District.
It is the contention of the learned counsel for the petitionerthat according to the report, some unknown vehicle hit the victimand the concerned police are trying to arrest thepetitioner/accused and hence, the proceedings are liable to bequashed.
Admittedly, there is no evidence to the effect that thepetitioner/accused has been implicated in the criminal case. Unless such a contingency is there, the question of quashingproceedings against the petitioner does not arise. It is for theconcerned police to conduct necessary investigation and come toa conclusion as to whether the petitioner actually involved in thecrime or not. The police should conduct the investigation of thecase independently.
The point for consideration is whether there are anyproceedings, which are to be quashed so as to allow the petition.
There is no document to show that any case is registeredagainst the petitioner in respect of the offence punishable undersection 304-A I.P.C. on the file of Kothavalasa Police Station. Therefore, there is nothing to be quashed here. If the concernedpolice are trying to arrest the petitioner in the case without anybasis, he can approach the concerned Sessions Court seekingnecessary relief. Therefore, there are no merits in the petition. Ultimately, the petition is liable to be dismissed and it is accordingly dismissed.
Dt. 07.04.2011lvl
G. KRISHNA MOHAN REDDY,J
THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY
CRIMINAL PETITION No.5654 of 2008
Dt. 07.04.2011