THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1210 OF 2008 DATED 17th MARCH, 2011. BETWEEN : B.Rama Mohan Reddy .. Petitioner and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1210 OF 2008 ORDER: This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the F.I.R. in crime No.283 of 2007 of Gandhinagar Police Station registered for the offence punishable under Section 506 of Indian Penal Code. Heard. The main ground raised by the learned counsel for the petitioner is that the offence under Section 506 IPC being a non-cognizable one, the respondent-Police have no power to register the F.I.R. and investigate the matter. Hence, the F.I.R. is liable to be quashed. On perusal of the record, even though in an earlier occasion, when the petitioner moved an anticipatory bail before this Court in Crl.P.No.6386 of 2007, the State represented that the petitioner is not arrayed as an accused even though some materials were recovered from the place of the petitioner herein. But, after sometime, the petitioner was arrested and subsequently released on bail. Even after sufficient adjournments the learned Public Prosecutor as well as the learned counsel for the second respondent are not in a position to inform this Court whether any orders were passed by the learned Magistrate for registration of F.I.R., arrest of accused and seizure of property. When the provisions are very specific that the Police have no power to investigate the non-cognizable offence without any previous order by the Magistrate, the registration of present F.I.R. and subsequent investigation conducted by the investigation officer, the recovery of computer and the arrest of the accused are illegal, which cannot be cured now. Hence, this Court is of the view that the proceedings in F.I.R. are clear abuse of process of law. As such, this Court has no hesitation to quash the F.I.R. Accordingly, the further proceedings in crime No.283 of 2007 of Gandhinagar Police Station are hereby quashed. If the petitioner is aggrieved over the act of the Police in connection with recovery of computers and his arrest, he is at liberty to approach the appropriate forum to ventilate his grievance. With above observations, the Criminal Petition is allowed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 17.03.2011 sur