K.Praveen Kumar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3636 OF 2016 ORDER:

This petition is filed by the petitioner-accused No.2 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.1 of 2016 on the file of Shalibanda Police Station, Hyderabad City, registered for the offences punishable under Sections 406, 420, 506 and 120-B IPC.

It is alleged that the petitioner and the other accused cheated the de facto complainant by receiving the sale consideration on the basis of the agreement of sale, by not completing the construction and also not executing the final sale deed. The truth or otherwise of the above said allegations can be ascertained during the enquiry. Therefore, this Court is not inclined to interfere with the investigation against the petitioner.

At this stage, the learned Counsel for the petitioner submitted that due to the pendency of the above crime, the petitioner apprehends arrest and harassment in the hands of the police. In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police concerned are directed to issue notice to the petitioner for his appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J March 17, 2016.

KTL