HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.5713 OF 2011 ORDER: This is an application filed under Section 482 of the Criminal Procedure Code by the petitioners to quash the proceedings in Crime Number 55 of 2011 of P.S. Kandukur Rural. A private complaint was filed against two accused for the offence punishable under Section 379 of the Indian Penal Code (for short, ‘IPC’). It appears that the said complaint was forwarded to the police and the police registered a case in Crime Number 55 of 2011 of P.S. Kandukur Rural. During the course of investigation, a person by name Boppidi Brahmaiah (A.7) is said to have been arrested and some of the properties, which were said to have been stolen, were recovered. It also appears that the names of the present petitioners were also disclosed by him. The learned counsel for the petitioners contends that the confession, which is said to have been given by A.7, is a fake one and it is not to reliable. Evidently, at this stage, the Court cannot look into the truthfulness or otherwise of the said confession. Even in the absence of the said confession, the police have to gather independent evidence about the complicity of the petitioners. Therefore, in view of the above the circumstances when the investigation is in progress, I do not find it as a fit case to quash the proceedings against the petitioners. However, there shall be stay of the arrest of the petitioners till the completion of the investigation and the petitioners shall co-operate with the police during the course of investigation and shall not try to interfere with the investigation. Accordingly, Criminal Petition is disposed of. ________________________ N.R.L.NAGESWARA RAO,J Date:27.07.2011 INL