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High Court for State of TelanganaWP/36060/2016disposed of no costs

Mohamatam Subbamma, v. The State Of Andhra Pradesh,

2016-10-25Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36060 OF 2016 ORDER:

This writ petition is filed seeking to issue a writ or order more particularly, one in the nature of writ of certiorari to call for the records pertaining to F.I.R.No.174 of 2016 on the file of Thulluru Police Station, Thulluru, Guntur District and quash the same as illegal and arbitrary and consequently, to direct the official respondents not to cause arrest of the petitioners in connection with the said F.I.R. till finalization of civil disputes pending between the petitioners and respondent No.4.

2.

Heard and perused the material available on record. 3.

Case of the petitioners is that respondent No.4 filed a complaint against them before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Sections 468, 471, 120-B, 506 and 509 read with 34 I.P.C.; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law and hence, prays to quash the said F.I.R. 4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.3 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on

merits, respondent No.3 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 petitioners.

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 25.10.2016 Note:- Furnish C.C. tomorrow.

B/O AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36060 OF 2016 Date: 25.10.2016 AMD