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High Court for State of TelanganaCRLP/6586/2015disposed of no costs

C. Thirumala Naidu, v. The State Of Telangana.,

2015-07-24B.Siva Sankara Rao3 pages

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6586 2015 ORDER:

This Criminal Petition is filed by the petitioners/accused under Section 482 Cr.P.C seeking to quash the proceedings in crime No.303 2015 on the file of Dundigal Police Station, Cyberabad District, registered for the offence punishable under Sections 419, 420, 468 and 471 I.P.C.

Heard the learned counsel for the petitioners and the learned Public Prosecutor (Telangana) for the State before notice to respondent No.2/de facto complainant and before admission. Perused the material on record.

It is the contention of the learned counsel for the petitioners that as per the very report of the Sub-Registrar from his enquiry he mentioned the names of executant, vendor and vendee and also identifying witnesses and none of the names mentioned in the very report dealing with the names of the petitioners but for A5. Hence, it is a fit case to quash the F.I.R. In fact in registering crime Para No.12 of the F.I.R. shows from the perusal of the three registered documents Nos. 563, 564 and 565 of 2015, there are eight names found place, as pointed out by the learned Public Prosecutor in the complaint, names of attestors and documents not reflected. The documents are not before the Court. Hence the facts falls short to admit the application under Section 482 Cr.P.C. but the factual matrix entitled to the concession of bail, this application is disposed of giving liberty to the petitioners to surrender before the learned Magistrate and move for regular bail

with notice to Assistant Public Prosecutor and in such an event the learned Magistrate shall hear and grant bail on the same day with necessary conditions. Needless to say, at the post bail stage pending investigation, the presence of the petitioners before the Court can be dispensed with. In the event of police filing final report or any cognizance taken by the Magistrate, further remedy is left open to the petitioners.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:24-07-2015 pab

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.6586 OF 2015 Between:

C.Thirumala Naidu and two others ... Petitioners and The State of Telangana and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 24-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No Yes/No 2.

Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals? Yes/No 3.

Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment? Yes/No