Mr.Boyini Maheshwar Yadav v. State Of Telangana,
THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4629 of 2016 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/A-6 in Crime No.922 of 2015 of L.B. Nagar Law and Order Police Station, Cyberabad, Ranga Reddy District, registered for the offences punishable under Section 420 IPC.
Heard and perused the material.
Admittedly, a complaint was lodged by the second respondent/de facto complainant for the alleged offence. On perusal of the material on record, prima facie, there are specific allegations against the petitioner, the truth or otherwise of which can be determined only after due investigation by the investigating agency and the same cannot be determined at the investigation stage.
At this stage, the learned counsel for the petitioner submits that the petitioner apprehends arrest in view of pendency of the above crime.
Having regard to the facts and circumstances of the case and also in view of the nature of offence alleged against the petitioner is serious in nature, this Court is not inclined to interfere with the proceedings against the petitioner/A-6. However, the concerned Police is directed to complete investigation without arresting the petitioner/A-6 and file the final report in accordance with law. In the event of necessity, the police concerned are at liberty to issue a notice to the petitioner herein for the purpose of
investigation and on receipt of such notice the petitioner shall appear before the police and cooperate with the investigating agency. In the event of failure on the part of the petitioner to appear before the police on receipt of such notice, the police are at liberty to approach this Court for recalling the present order. With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.
_______________ RAJA ELANGO, J Date: 04-04-2016 Ksn