Kolla Uma Maheswara Rao, v. The State Of Andhra Pradesh Rep. By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39605 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to call for the records relating to F.I.R.No.126 of 2016 of 2nd respondent police station and quash the same.

2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.3 filed a private complaint against him before the Judicial Magistrate of First Class, Narasannapeta and the same was referred to the police for investigation under Section 156(3) Cr.P.C.; that respondent No.2 registered the same as the aforementioned crime for the offences punishable under Sections 420, 406, 386 and 388 read with 120-B I.P.C.; that the complaint does not contain any incriminating material; that he never did any criminal activities and respondent No.2 is trying to arrest him without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and respondent No.2 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and in view of the fact that the petitioner is ready to cooperate with the investigation, without expressing any opinion on merits, respondent No.2 is hereby directed to complete the investigation in

the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioner. The petitioner is directed to appear before respondent No.2 and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum for his appearance as and when required for the purpose of investigation.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 20.12.2016 YVL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39605 OF 2016 Date: 20.12.2016 YVL