Criminal Petition No. 11553 of 2011 · Andhra Pradesh High Court
Case at a glance
Outcome
Dismissed
Accordingly, the Criminal Petition is dismissed
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- A.P.Forest Act, 1967 ss. 29(4)(a)(i), 53
- Indian Penal Code, 1860 ss. 378, 379
Judgment
Petitioner-Accused No.9 approached this Court by invoking the provisions under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings against him in O.R.No.52 of 2011- 12 of SVNP, Chamala Range, Chittoor District, where in he is arrayed as accused for the offence punishable under Sections 53 of A.P.Forest Act, 1967 and 20(1) C (ii)(iii)(iv)(viii) & (x) of A.P.Forest Act 1967 contravention of rules 3 and 4 of A.P.Sandal Wood and Red Sanders Wood Transit Rules, 1969 and punishable under Section 29(4)(a)(i) of A.P.Forest Act, 1967 and also under Schedule 27 Schedule No.(1) Habitat Destruction (Kondagorri, Alugu, Bettudata, Elugubantu) and also under Sections 378 and 379 of IPC.
Operative part
Learned counsel for the petitioner submitted that the petitioner has nothing to do with the alleged offence and only basing on the confession of other accused, the petitioner is falsely implicated in the above crime. The petitioner apprehends arrest in the hands of the respondent-police in the above said crime. This Court perused the complaint, wherein it is stated that upon the instructions of the petitioner herein the other accused were carrying out the transport of red sanders. This Court is of the view that it is a matter to be investigated. At the threshold, this court is not inclined to interfere with the investigation and accordingly, the criminal petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. If the petitioner apprehends arrest in the hands of the respondent-police, he is at liberty to approach the Sessions court for anticipatory bail. On filing of such application, the Sessions Judge is directed to consider the same favourably since the petitioner is not present at the scene of offence. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. 28th November 2011 CHV ___________________ JUSTICE RAJA ELANGO
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Criminal Petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; A.P.Forest Act, 1967 — ss. 29(4)(a)(i), 53; Indian Penal Code, 1860 — ss. 378, 379.
Which court decided this case, and when?
Andhra Pradesh High Court, on 28 Nov 2011. The bench was RAJA ELANGO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.