Bindu Rathod v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5529 of 2015 ORDER :

This criminal petition is filed by the petitioners/A.1 to A.3 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.79 of 2015 of Cyber Crime Police Station, Cyberabad, registered for the offences punishable under Sections 66, 72 and 72(A) of the Information Technology Act, 2000.

2. Perused the material on record and heard both sides including the scope of Section 188 Cr.P.C. The bar is only taking cognizance and enquiry, as the case may be, and not for investigation. From very wording in clear terms for nothing to import in interpreting the scope of Section 188 Cr.P.C. to extend the investigation and any expression stated laid down by any Court is nothing but a perincurium. Needless to say, so many terms further show the facts fall short for this Court to admit the criminal petition or to quash the F.I.R. proceedings and the petitioners have already availed the concession of bail undisputedly.

3. Having regard to the above, the criminal petition is disposed of. The petitioners are left open to avail further remedies, if any, in the event of filing of final report and taking cognizance by the Magistrate.

As it is the submission by the learned counsel for the petitioners that the investigation is long pending and it is a civil dispute,

according to them, the police want to postpone without filing final report. Hence, within the scope of Section 482 Cr.P.C., this Court directs the investigating agency to complete the investigation and file final report under Section 173 Cr.P.C., preferably within two months and there not exceed at any cost beyond 15 days thereafter.

4. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ Dr. B. SIVA SANKARA RAO, J 25th August 2015.

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