High Court for State of TelanganaCRLP/4263/2016disposed of no costs

K.Sridhar v. The State Of A.P. And Another

2016-03-29Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4263 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/A-5 seeking to quash the proceedings in Crime No.27 of 2016 on the file of Penamaluru Police Station, Vijayawada, Krishna District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioner are punishable under Sections 420, 408, 471, 467, 477(A) and 120(B) read with 34 I.P.C.

4. As per the complaint lodged by the de facto complainant, the allegation against the petitioner is that he misappropriated huge amounts by creating forged bills for the period from 2008 to 2014. It is evident from the record that the accounts were verified by the de facto complainant in the year 2014 itself, but the complaint is lodged after two years. The entire case is based on documents. The truth or otherwise of the said allegations can be ascertained by the Investigating Agency during the course of investigation. Therefore, this Court is not inclined to interfere with the proceedings against the petitioner in the above crime.

5. At this stage, learned counsel for the petitioner submitted that in view of the pendency of the above crime, the petitioner is apprehending arrest and also harassment in the hands of police.

6. In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police are directed to issue notice to the petitioner for his appearance before the

Investigating Agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the Investigating Agency and give an undertaking as to his future appearance as and when required by the Investigating Agency for the purpose of investigation.

7. With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 29.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4263 OF 2016 Date: 29.3.2016 AMD