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High Court for State of TelanganaWP/2435/2018disposed of no costs

Saila Sree v. The State Of Telangana

2018-01-29A V Sesha Sai4 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2435 OF 2018 ORDER:

When the matter is taken up, written instructions, dated 27.01.2018, submitted by the Sub-Inspector of Police, Neredmet Police station, Rachakonda Commissionerate are placed on record by the learned Government Pleader for Home. The said instructions read as under:- "On a complaint of the petitioner herein lodged with the Police of Neredmet Police Station, Rachakonda Commissionerate, a case in Cr.No.358/2017 U/secs.406, 420, 468, 471, 120 (B) r/w 34 IPC dated 12.5.2017 was registered against the unofficial respondents 3 to 7 herein as they forged the documents of the company of the petitioner, purchase orders and invoices with an intention to cheat his firm for gain and taken up the investigation into the case.

During the course investigation, the investigation officer examined the complainant/petitioner and recorded her detailed statement.

As part of investigation, letters dated 29.5.2017 and 14.10.2017 were addressed to the Manager, Oriental Bank of Commerce, Kapra, Kushaiguda requesting him to furnish the Bank statement of A/c.No.10761131001317 pertaining to M/s.SSR Enterprises for the period 1.1.2014 to till date.

As part of investigation, letters dated 17.10.2017 was addressed to the Branch Manager, City Union Bank, Chittoor State of A.P. requesting him to furnish the Bank statement of A/c.239109000212120 from 1.1.2015 to 1.1.2016 pertaining to M/s.SSR Enterprises.

As part of investigation, letter dated 17.10.2017 was addressed to the Bank Manager, State Bank of India, Hubli, Karnataka State requesting him to furnish the

Bank statement of A/c.No.32909932454 from 1.6.2015 to 30.7.2016 pertaining to M/s.SSR Enterprises.

As part of investigation, letter dated 17.10.2017 was addressed to the Bank Manager, ICICI Bank, Bangalore, Karnataka State requesting him to furnish the statement account No.232205000157 from 1.8.2015 to 30.8.2016.

Replies from the Bank authorities are awaited. While the investigation is under progress, all the accused in the FIR filed Criminal Petition No.9002/2017 under Sec.482 of the Cr.P.C. seeking to quash the criminal proceedings in connection with Cr.No.358/2017. The said case is still pending for adjudication before this Hon'ble Court.

It came to light during the course of investigation that A1 Mr.KVK Murthy is staying in Mumbai of Maharashtra State.

In view the same, the investigating agency, addressed letters dated 16.10.2017 to the Commissioner Police, Rachakonda Commissionerate to issue duty passport to deploy the police personnel to the surrounding areas of Mumbai of Maharastra State for apprehension of accused A1. It came to light during the course of investigation that the other accused A3, A4 and A5 are staying in Karnataka State. In view of the same, the investigating agency, addressed letters dated 26.12.2017 to the Commissioner of Police, Rachakonda Commissionerate to issue duty passport to deploy the police personnel to the surrounding areas of Mumbai of Maharastra State to apprehend the accused A3, A4 and A5.

After careful perusal the record, the Commissioner of Police, Rachakonda Commissionerate issued passport for police officers to depute the police personnel to the State of Karnataka and Andhra Pradesh State surrounding places to apprehend the accused by Proceedings Rc.No.02/158/C2-Passport/RKD/2018 dated 4.1.2018.

It is pertinent to submit that the investigation is under progress and it is pending for apprehend of the accused. A special team was also constituted headed by the Asst. Sub Inspector of Police and Head Constable to apprehend the accused. A team is also deputed to the State of Karnataka and Maharastra for apprehend the accused in the FIR.

It is humbly submitted that to complete the full fledged investigation into the case, it requires some more time to the investigating agency. I assure to this Hon'ble Court the investigation will be completed as expeditiously as possible and appropriate report will be filed before the concerned Hon'ble Court at the earliest.

In view of the above facts and circumstances, I pray this Hon'ble Court to grant some more time to the investigating agency for completion full-fledged investigation into the case and to pass appropriate orders as it deem fit and proper."

2.

A request is made by the learned counsel for the petitioner to place the said instructions on record and to dispose of the writ petition.

3.

Recording the said submission, the Writ Petition is disposed of, by placing on record the written instructions, dated 27.01.2018, submitted by the Sub-Inspector of Police, Neredmet Police station, Rachakonda Commissionerate. There shall be no order as to costs.

4.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 29.01.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2435 OF 2018 Date: 29.01.2018 AMD