Abdullah Bin Awad v. The State Of Telangana,
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.170 of 2017 ORDER:
This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following relief:
"declaring the action of the respondents as illegal, arbitrary, contrary to law, violation of principles of natural justice U/A 14 and 21 of Constitution of India for mentioning the names of the petitioners without any purpose in Remand Report filed by R5 in Cr.No.507 of 2016 of P.S.Pahadishareef, R.R. district on the file of XIV Metropolitan Magistrate at L.B.Nagar, R.R.Reddy by directing the respondent No's 2 to 5 not to arrest and harass the petitioners and also remove the names of the petitioners from the Remand Case Diary by the R5 in Cr.No.57 of 2016 of P.S.Pahadishareef, R.R. district on the file of XIV Metropolitan Magistrate At L.B.Nagar, R.R district."
2.
Case of the petitioners is that respondent No.6 filed a false complaint against them before respondent No.3 and the same was registered as the aforementioned case for the offence punishable under Section 420 I.P.C.; that the complaint does not contain any incriminating material; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law.
3.
Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.3 is investigating the matter in accordance with law.
4.
Considering the facts and circumstances of the case and the grievance of the petitioners and in view of the fact that the petitioners are ready to co-operate with the investigation, without expressing any
opinion on merits, respondent No.3 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before respondent No.3 and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the like sum each for their appearance as and when required for the purpose of investigation. 5.
With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
6.
Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
____________________ RAJA ELANGO, J JANUARY 03, 2017 YVL
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.170 of 2017 Date:03.01.2017 YVL