Panthangi Babu v. The State Of Telangana.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.8147 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/A1 and A-2 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.293 of 2015 of Gachibowli Police Station, Cyberabad registered at the instance of the 2nd respondent for the offence punishable under Sections 419, 420, 471, 468 and 406 IPC.

2. Heard the learned counsel for the petitioners and the 1st respondent-State represented by the Public Prosecutor before admission, before ordering notice to the 2nd respondent and perused the material on record.

3. It is the contention of counsel for the petitioners that even as per the allegations, it is a civil dispute regarding the prospects in getting job in universities and there is no element of cheating much less from the inception to attract the offence punishable under Section 420 IPC, much less, Sections 468 IPC and 471 IPC in relation thereto, much less in fabrication of records. In fact, a perusal of the record shows there is prima facie accusation and the material falls short to admit the application to quash the F.I.R. but for say the factual matrix entitles the petitioners for bail.

4.

Accordingly, the Criminal Petition is disposed of giving liberty to the petitioners before the learned Magistrate and move regular bail with notice to the A.P.P concerned. In such event, the learned Magistrate shall grant bail on the same day with necessary conditions. The learned Judge can dispense with the presence of the petitioners/accused at post bail stage pending investigation before the Court. Further remedies, if any, are left open in the event of filing charge sheet for any of the offences and any cognizance taken by the learned Magistrate. Consequently, the miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 21-08-2015 nvl