High Court for State of TelanganaCRLP/8908/2015disposed of no costs

Sapavat Venkatesh v. State Of Telangana

2015-09-30B.Siva Sankara Rao2 pages

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8908 of 2015 ORDER :

This criminal petition is filed by the petitioners/A.1 to A.7 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.328 of 2014 of Miryalguda Rural Police Station, Nalgonda District, registered for the offences punishable under Sections 417 and 420 IPC.

2. Heard the learned counsel for the petitioners as well as the 1st respondent-State represented by the Public Prosecutor before admission and before ordering any notice to the 2nd respondent and perused the material on record.

3. In fact, the material falls short for this Court to admit the application to quash the F.I.R. as the investigation is to go on.

4. It is submitted by the learned counsel for the petitioners that among petitioners/A.1 to A.7, petitioner Nos.2 to 7/A.2 to A.7 were already given the concession of bail and petitioner No.1/A.1 could not be arrested as he is staying at London and there is look out notice pending and though he wants to land in India he is apprehending arrest by police.

5. Having regard to the above, this criminal petition is disposed of, giving liberty to petitioner No.1/A.1 to land in India and surrender before the learned Magistrate within one month from the date of receipt of a copy of this order and move for regular bail with notice to APP concerned. In such an event, the learned Magistrate shall grant bail with necessary conditions on the same day and obtain bond including for his future due appearance in person or through Special Vakalat/General Power of Attorney holder, as the case may be, to face the trial. Till the orders of the learned Magistrate, the petitioner

shall not be arrested. Needless to say, at the post bail stage pending investigation, the presence of petitioners/A.1 to A.7 before the Court is to be dispensed with so as to summon them after police final report. Further remedies are left open to the petitioners, in the event of police filed final report and cognizance taken for any offence by the learned Magistrate.

7. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 30th September 2015.

mar