Gutha Prashanth Reddy v. The State Of Telangana And 11 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRIT PETITION Nos.1590 and 1383 of 2020 COMMON ORDER:

These writ petitions are filed questioning the action of respondents 4 and 5 police authorities in insisting the petitioners to appear before the said authorities at third respondent police station and threatening to implicate the petitioners in false cases at the behest of respondents 6 to 12 in connection with recovery of loan amount without following due process of law and contrary to RBI Guideline and to declare the same as illegal, irregular, arbitrary, without jurisdiction and violative of Articles 14 and 21 of Constitution of India.

2.

Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Home for official respondents. 3.

Learned Assistant Government Pleader for Home, on written instructions dated 12.02.2020 and 27.01.2020, a copy of which are placed on record, submits that basing on the complaint of one K.Jayaraju, who is respondent No.7 in the present writ petitions, a case is registered in Cr.No.570 of 2019 under Sections 420, 406, 468, 471 r/w 34 I.P.C by Begumpeta Police Station on 31.012.2019, wherein it is alleged that one Srilatha and others have applied for Doctor loan and got an amount of Rs.24,37,910/- from the fifth respondent/Bajaj Finance Limited on 06.12.2019 by cheating and using forged documents. By the said written instructions, it is also stated that during the course of investigation into the above crime, basing on the statement of PW.2, the petitioner in W.P.No.1590 of 2020 is arrayed as accused No.7 and the petitioner in W.P.No.1383 of 2020 is arrayed as accused No.5 in the said case. It is also stated that in the course of investigation, it was disclosed that one

Chandra Prakash Sharma has forwarded the loans by accepting the fabricated documents from Achana kavitha and others and the said Chandra Prakash Sharma is a Sales Executive working with the fifth respondent/Bajaj Finance Limited, as such, he was also arrayed as accused No.15 in the above crime. It is further stated that except doing investigation in the above said case, the respondent police authorities never threatened the petitioners to implicate in the false case. 4.

Having regard to the above submission that, a case is registered against the petitioners and others and is being investigated into in accordance with law and the respondent authorities except investigating into the above crime registered never threatened the petitioners to implicate in a false case, no further orders are necessary in the writ petitions.

5.

Accordingly, the writ petitions are closed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTI CE T.VI NOD KUMAR Date:24.02.2020 grk