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High Court for State of TelanganaWP/36449/2016disposed of no costs

Thumu Mahesh, v. The State Of Telangana,

2016-10-28Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36449 of 2016 ORDER:

The present writ petition is filed by the petitioners seeking to declare the action of the 2nd respondent in registering Crime No.60 of 2016 on the file of Mulkanur Police Station, Husnabad Mandal, Karimangar District against the petitioners and call for the records in the above crime and quash the same.

Heard and perused the material available on record. The de facto complainant filed a complaint against the petitioners stating that he paid an amount of Rs.7.5 lakhs to the petitioners on their promise to get him the SI post in the police department but, they did not do so and when he asked for his money, they threatened him with dire consequences.

The case of the petitioners are innocent of the offences alleged against them and they were falsely implicated in the case, and that the 1st petitioner himself paid Rs.5,00,000/ - to one Indira, who was introduced by the de facto complainant, and that she cheated them. The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioners and others, and the respondents are investigating into the matter in accordance with law.

Even though this Court is not inclined to interfere with the investigation in the above crime, taking into consideration the facts and circumstances of the case, this Court is of the view that the above crime can be investigated into, without arresting the petitioners.

Accordingly, respondents Nos.2 & 3 are directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioners. The petitioners are also directed to appear before the investigating officer concerned, as and when required, and cooperate with the investigation. Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J October 28, 2016.

KTL