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Judgment
R. Raghunandan Rao, J
The petitioners are accused Nos.2 and 3 in Crime No.343 of 2022 on the file of Proddatur III Town Police Station, Kadapa for offences under Section 323, 509, 506 r/w 34 of I.P.C.
The petitioners contend that no incident alleged in the complaint had taken place on 02.11.2022 and the delay of 11 days in filing the complaint clearly shows that no such incident has taken place. The petitioners would rely upon the C.C T.V footage that is said to have been recorded on 02.11.2022 to show that no such incident had occurred.
These are contentions which require investigation and it would not be appropriate to stop investigation at this stage.
Accordingly, this criminal petition is dismissed. However, the petitioners shall be entitled to notice under Section 41A of Cr.P.C before any further steps are taken and the investigation shall be carried out in accordance with the guidelines prescribed by the Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.