M.Venkateshwara Rao vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
7 Jun 2013
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Order Text
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.4068 OF 2010
ORDER:
This application is filed under section 482 Cr.P.C. to quash the investigation in Crime No.37 of 2009 of Tsodayapalem village, Repalle Mandal, Guntur District. The said case was registered against the petitioner for the offences punishable under sections 354 and 506 of I.P.C. and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
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The respondent submits that respondent No.3 is no more and she died more than one year ago.
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The learned counsel for the petitioner placed before this court the affidavits filed by one Koraganti Mariyamma, Karra Yohan and one Kuraganti Chandraleela to prove that the present case is initiated as a counter-blast to the crime No.36 of 2009 registered against the prosecution party.
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The case is still at the investigation stage and since the complainant died, this court feels that it will be appropriate if the investigating agency proceeds with the investigation by taking into consideration the material placed before the court and also the death of the informant, who would have been a crucial witness had he been alive.
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With the above observations the criminal petition is disposed of. The Investigating Agency is also directed to take steps to examine the petitioner herein and also to investigate the matter by examining the original affidavits of the persons referred to above and also the documents filed by him.
JUSTICE C.PRAVEEN KUMAR
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June 7 th , 2013 Gm