Telangana High Court
CRLP/2523/2013 of REDDI GANGADHARA RAO (A6) Vs THE STATE OF A.P. AND ANOTHER on 28 December 2017
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] THURSDAY THE TWENTY EIGHTH DAY DECEMBER TWO THOUSAND AND SEVENTEEN PRESENT SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO. 2523 OF 2013 Between: Reddi Gangadhara Rao
IN THE HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
[Special Original Jurisdiction]THURSDAY THE TWENTY EIGHTH DAY DECEMBER TWO THOUSAND AND SEVENTEEN
PRESENT
SMT. JUSTICE T. RAJANI
CRIMINAL PETITION NO. 2523 OF 2013
Between: Reddi Gangadhara Rao … Petitioner/A-6 V/s. The State of Andhra Pradesh Represented by the Public Prosecutor High Court of Judicature for the State of Telangana & Andhra Pradesh, Through Station House Officer, Kothapeta Police Station, East Godavari district & Anr. … Respondent/complainant Counsel for the Petitioners : Sri G. Raj Kumar Counsel for the Respondent : Public Prosecutor [ AP ] The court made the following: [order follows]
CRIMINAL PETITION NO. 2523 OF 2013
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O R D E R :
This Criminal Petition is filed by the petitioner/A-6 under section 482 of Cr.P.C., seeking for quashment of the proceedings in PRC.No. 6 of 2013 on the file of the Court of Judicial Magistrate of First Class, Kothapeta, East Godavari district.
2. Heard the learned counsel for the petitioner/A-6, learned Public Prosecutor appearing for the first respondent and Sri V. Raja Manohar, learned counsel for the second respondent.
3. The allegation against this petitioner is that he did not investigate the offence properly and closed the case and filed final report stating that there is “no evidence”. Absolutely, the said allegation cannot be sustained and no prosecution can be initiated against him on the basis of the said allegation which does not have any basis. The petitioner/A-6 is only an Investigating Officer acting in his official capacity and the final report reflects the findings of his investigation, which cannot be said to be filed with an ulterior motive.
4. Hence, in view of the above, the Criminal Petition is allowed and the proceedings in PRC.No.6 of 2013 [Crime No.23 of 2010 of Kothapeta Police Station] on the file of the Court of Judicial Magistrate of First Class, Kothapeta, East Godavari district are quashed against the petitioner/A-6.
5. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.
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JUSTICE T. RAJANI.
28/12/2017I s L
CRIMINAL PETITION NO. 2523 OF 2013[ ALLOWED ]
Date: 28/12/2017 Circulation No. Court Master: I s L