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High Court for State of TelanganaCRLP/12118/2016disposed of no costs

Mothi Shiva Kumar v. The State Of Telangana,

2016-08-19M.S.K.Jaiswal2 pages

HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.12118 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioners/accused in Crime No.236 of 2016 of Golconda Police Station, registered for the offences punishable under Sections 417, 420 and 506 of I.P.C.

Heard and perused the material available on record. Having regard to the facts and circumstances of the case and also as the offences alleged against petitioners/accused are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioners/accused. In the facts and circumstances of the case and in view of the submissions of the learned counsel for petitioners that petitioners are apprehending their arrest in view of the pendency of the above crime, the Police concerned are directed to complete the investigation into the crime without arresting petitioner No.2/A2, who is said to be the father of petitioner No.1/A1, and file the final report, if any, in accordance with law.

However, in the event of necessity, the police concerned are directed to issue notice to petitioner No.2/A2, requiring him to appear before the investigating agency for the purpose of investigation and on issuance of such notice, the petitioner No.

investigation.

However, considering the nature of allegations against petitioner No.1/A1, the Criminal Petition is dismissed as far as petitioner No.1/A1 is concerned. The petitioner No.1/A1 shall appear before the investigating agency as and when required for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

__________________ M.S.K.JAISWAL, J 19th August 2016 ajr