Faheem Banu, v. The Commissioner Of Police,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37239 of 2016 ORDER:

1.

This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking to quash Crime No.326 of 2016 on the file of the 3rd respondent.

2.

Heard and perused the material available on record. 3.

In the affidavit, it is stated that the 1st petitioner entered into memorandum of understanding with the 4th respondent in connection with the development of the residential building and that the 4th respondent agreed to invest Rs.50 lakhs and that the 1st petitioner agreed to give three flats to him. As there was delay in construction due to the objections raised by municipal authorities, the 4th respondent lodged a false complaint against the petitioners.

4.

The petitioners filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the investigation. However, taking into consideration the circumstances of the case and the grievance of the petitioners, this Court is of the view that the investigation can be completed without arresting the petitioners. 5.

Accordingly, respondents Nos.1 to 3 are directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioners.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________ RAJA ELANGO, J Date: 1st November, 2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37239 of 2016 Date: 1st November, 2016 Nn